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

Section 350.2r4 Disposition versions

2023-03-15

350.2R4. For the purposes of Chapter VII.1 of Title VI of Book III of Part I of the Act, the trip cost to a taxpayer in respect of a trip is the expenses relating to a trip made by an individual who was a member of the taxpayer’s household at the time the trip was made and is the least of

(a)  the amount that is claimed by the taxpayer in respect of the trip and that is, in relation to the trip, an amount on account of employer-provided travel benefits of the taxpayer, within the meaning assigned by section 350.0.1 of the Act;

(b)  the total of

i.  the value of the assistance described in paragraph a of the definition of “amount on account of employer-provided travel benefits” in section 350.0.1 of the Act that was provided to the taxpayer in respect of the trip, and

ii.  the travel expenses incurred by the taxpayer or the taxpayer’s spouse for the trip; and

(c)  the lowest return airfare ordinarily available to the individual at the time the trip was made for a flight between the place in which the individual resided immediately before the trip, or the airport nearest to that place, and the designated city that is nearest to that place.

However, the amount that is claimed by the taxpayer in respect of the trip under subparagraph a of the first paragraph is deemed to be nil if, at the time the taxpayer’s employer provided to the taxpayer, in respect of the trip, assistance or an amount described in paragraph a or b, as the case may be, of the definition of “amount on account of employer-provided travel benefits” in section 350.0.1 of the Act, the taxpayer and the employer were not dealing at arm’s length.

s. 350.2R2; O.C. 1155-2004, s. 25; O.C. 134-2009, s. 1; S.Q. 2023, c. 2, s. 105.

2012-09-01

350.2R4. For the purposes of section 350.2R3, the travel expenses of an individual, in respect of a trip made by a person who was a member of the individual’s household at the time the trip was made, are the least of

(a)  the aggregate of

i.  the value of the assistance provided by the individual’s employer in respect of the travelling expenses for the trip, and

ii.  the amount received by the individual from that employer in respect of the travelling expenses for the trip;

(b)  the aggregate of

i.  the value of the assistance provided by the individual’s employer in respect of the travelling expenses for the trip, and

ii.  the travelling expenses incurred by the individual for the trip; and

(c)  the lowest return airfare ordinarily available to the person at the time the trip was made for a flight between the place in which the person resided immediately before the trip, or the airport closest to that place, and the designated city closest to that place.

s. 350.2R2; O.C. 1155-2004, s. 25; O.C. 134-2009, s. 1.