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

Section 399.7r2 Disposition versions

2020-04-01

399.7R2. A Canadian renewable and conservation expense does not include any expense that

(a)  is described in any of sections 147, 160, 163, 176 and 176.4 of the Act; or

(b)  is incurred directly or indirectly by a taxpayer and is

i.  for the use of or the acquisition of, or the right to use, land, except as provided in any of subparagraphs b to d of the first paragraph of section 399.7R1,

ii.  for grading or levelling land or for landscaping, except as provided in subparagraph b of the first paragraph of section 399.7R1,

iii.  payable to a person who does not reside in Canada or a partnership that is not a Canadian partnership, except an expense referred to in subparagraph g of the first paragraph of section 399.7R1,

iv.  included in the capital cost of property that, but for this section and section 399.7R1, would be depreciable property, other than property that would be included in Class 14.1 in Schedule B, except as provided by any of subparagraphs b and d to h of the first paragraph of section 399.7R1,

v.  included in the capital cost of property that, but for this section and section 399.7R1, would be property included in Class 14.1 in Schedule B, except as provided by any of subparagraphs a to e of the first paragraph of section 399.7R1 or subparagraph ii of subparagraph h of that first paragraph,

vi.  included in the cost of inventory of the taxpayer,

vii.  an expenditure on or in respect of scientific research and experimental development,

viii.  a Canadian development expense or a Canadian oil and gas property expense,

ix.  incurred, for a project, in respect of any time at or after the earliest time at which a property described in Class 43.1 or 43.2 in Schedule B was used in the project for the purpose of earning income,

x.  incurred in respect of the administration or management of a business of the taxpayer, or

xi.  a cost attributable to the period of the construction, renovation or alteration of depreciable property, other than property described in Class 43.1 or 43.2 in Schedule B, that relates to the construction, renovation or alteration of the property, except as provided by any of subparagraphs b and f to h of the first paragraph of section 399.7R1, or the ownership of land during the period, except as provided by any of subparagraphs b to d of that first paragraph.

s. 399.7R2; O.C. 1470-2002, s. 42; O.C. 1249-2005, s. 14; O.C. 1116-2007, s. 25; O.C. 134-2009, s. 1; S.Q. 2019, c. 14, s. 639; O.C. 204-2020, s. 7.

2019-06-19

399.7R2. A Canadian renewable and conservation expense does not include any expense that

(a)  is described in any of sections 147, 160, 163, 176 and 176.4 of the Act; or

(b)  is incurred directly or indirectly by a taxpayer and is

i.  for the use of or the acquisition of, or the right to use, land, except as provided in any of subparagraphs b to d of the first paragraph of section 399.7R1,

ii.  for grading or levelling land or for landscaping, except as provided in subparagraph b of the first paragraph of section 399.7R1,

iii.  payable to a person who does not reside in Canada or a partnership that is not a Canadian partnership, except an expense referred to in subparagraph g of the first paragraph of section 399.7R1,

iv.  included in the capital cost of property that, but for this section and section 399.7R1, would be depreciable property (other than property that would be included in Class 14.1 of Schedule B), except as provided by any of subparagraphs b and d to g of the first paragraph of section 399.7R1,

v.  included in the capital cost of property that, but for this section and section 399.7R1, would be property included in Class 14.1 of Schedule B, except as provided by any of subparagraphs a to e of the first paragraph of section 399.7R1,

vi.  included in the cost of inventory of the taxpayer,

vii.  an expenditure on or in respect of scientific research and experimental development,

viii.  a Canadian development expense or a Canadian oil and gas property expense,

ix.  incurred, for a project, in respect of any time at or after the earliest time at which a property described in Class 43.1 or 43.2 in Schedule B was used in the project for the purpose of earning income,

x.  incurred in respect of the administration or management of a business of the taxpayer, or

xi.  a cost attributable to the period of the construction, renovation or alteration of depreciable property, other than property described in Class 43.1 or 43.2 in Schedule B, that relates to the construction, renovation or alteration of the property, except as provided in any of subparagraphs b, f and g of the first paragraph of section 399.7R1, or the ownership of land during the period, except as provided for in any of subparagraphs b to d of the first paragraph.

s. 399.7R2; O.C. 1470-2002, s. 42; O.C. 1249-2005, s. 14; O.C. 1116-2007, s. 25; O.C. 134-2009, s. 1; S.Q. 2019, c. 14, s. 639.

2012-09-01

399.7R2. A Canadian renewable and conservation expense does not include any expense that

(a)  is described in any of sections 147, 160, 163, 176 and 176.4 of the Act; or

(b)  is incurred directly or indirectly by a taxpayer and is

i.  for the use of or the acquisition of, or the right to use, land, except as provided in any of subparagraphs b to d of the first paragraph of section 399.7R1,

ii.  for grading or levelling land or for landscaping, except as provided in subparagraph b of the first paragraph of section 399.7R1,

iii.  payable to a person who does not reside in Canada or a partnership that is not a Canadian partnership, except an expense referred to in subparagraph g of the first paragraph of section 399.7R1,

iv.  included in the capital cost of property that, but for this section and section 399.7R1, would be a depreciable property, except as provided in any of subparagraphs b and d to g of the first paragraph of section 399.7R1,

v.  an expenditure that, but for this section and section 399.7R1, would be an incorporeal capital property amount, except as provided in any of subparagraphs a to e of the first paragraph of section 399.7R1,

vi.  included in the cost of inventory of the taxpayer,

vii.  an expenditure on or in respect of scientific research and experimental development,

viii.  a Canadian development expense or a Canadian oil and gas property expense,

ix.  incurred, for a project, in respect of any time at or after the earliest time at which a property described in Class 43.1 or 43.2 in Schedule B was used in the project for the purpose of earning income,

x.  incurred in respect of the administration or management of a business of the taxpayer, or

xi.  a cost attributable to the period of the construction, renovation or alteration of depreciable property, other than property described in Class 43.1 or 43.2 in Schedule B, that relates to the construction, renovation or alteration of the property, except as provided in any of subparagraphs b, f and g of the first paragraph of section 399.7R1, or the ownership of land during the period, except as provided for in any of subparagraphs b to d of the first paragraph.

s. 399.7R2; O.C. 1470-2002, s. 42; O.C. 1249-2005, s. 14; O.C. 1116-2007, s. 25; O.C. 134-2009, s. 1.