16.2. For the purposes of subparagraphs a and b of subparagraph 1 of the second paragraph of section 16.1, expenses are deductible only if the operator has declared the expenses to be deductible expenses, on or before the date on or before which the operator is required to file a return, in accordance with section 36,(1) for the operator’s first fiscal year commencing after 12 May 1994, where the expenses are incurred before 13 May 1994; and
(2) for the fiscal year following that in which the expenses are incurred, where the expenses are incurred after 12 May 1994.