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

Section 130r27 Disposition versions

2021-03-10

130R27. The proportion of the capital cost referred to in section 130R24 is the lesser of:

(a)  1/5; and

(b)  that proportion that the number 1 is of the number of 12 month periods, not exceeding 40, falling between the beginning of the taxation year in which the capital cost was incurred and the day the lease is to terminate.

Despite the foregoing, if the part of the capital cost referred to in section 130R24 is incurred after 12 November 1981, the proportion of that part is equal, for the taxation year during which it is incurred,

(a)  if the property is an accelerated investment incentive property and the capital cost of the property is incurred before 1 January 2024, and subject to the third paragraph, to 150% of the amount that would be determined in its respect under the first paragraph; or

(b)  if the property is not an accelerated investment incentive property and is not described in any of subparagraphs 4 to 6 of subparagraph ii of subparagraph a of the fourth paragraph of section 130R120, to 50% of the amount that would be determined in its respect under the first paragraph.

Despite the foregoing, the amount that is the proportion of the part of the capital cost referred to in section 130R24 determined under subparagraph a of the second paragraph may not exceed the part of the undepreciated capital cost of property in Class 13, before any deduction under this division, at the end of the taxation year.

s. 130R15; O.C. 1981-80, s. 130R15; R.R.Q., 1981, c. I-3, r. 1, s. 130R15; O.C. 2847-84, s. 3; O.C. 366-94, s. 4; O.C. 1631-96, s. 5; O.C. 134-2009, s. 1; O.C. 164-2021, s. 6.

2012-09-01

130R27. The proportion of the capital cost referred to in section 130R24 is the lesser of:

(a)  1/5; and

(b)  that proportion that the number 1 is of the number of 12 month periods, not exceeding 40, falling between the beginning of the taxation year in which the capital cost was incurred and the day the lease is to terminate.

Despite the foregoing, where the part of the capital cost referred to in section 130R24, other than the part of the capital cost of a property referred to in any of subparagraphs b to d of the second paragraph of section 130R119, is incurred after 12 November 1981, the proportion of that part is equal, for the taxation year during which it is incurred, to 50% of the amount that would be determined in its respect under the first paragraph.

s. 130R15; O.C. 1981-80, s. 130R15; R.R.Q., 1981, c. I-3, r. 1, s. 130R15; O.C. 2847-84, s. 3; O.C. 366-94, s. 4; O.C. 1631-96, s. 5; O.C. 134-2009, s. 1.