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

Section 130r38 Disposition versions

2012-09-01

130R38. Where a part or all of the cost of a patent is determined by reference to the use of the patent, a taxpayer may, in computing the taxpayer’s income for a taxation year from a business or property, as the case may be, deduct in lieu of the deduction allowed under section 130R37 such amount as the taxpayer may claim in respect of property of Class 14 in Schedule B not exceeding the lesser of

(a)  the aggregate of that part of the capital cost determined by reference to the use of the patent in the year, and the amount that would be computed under paragraph a of that section 130R37 if the capital cost of the patent did not include the amount determined by reference to the use of the patent in that year and previous years; and

(b)  the undepreciated capital cost to the taxpayer of property of the class as of the end of the taxation year before making any deduction under this section.

s. 130R24; O.C. 1981-80, s. 130R24; R.R.Q., 1981, c. I-3, r. 1, s. 130R24; O.C. 134-2009, s. 1.