I-3 - Taxation Act

Section 1029.8.33.7.3 Disposition versions

2019-06-19

1029.8.33.7.3. For the purposes of sections 1029.8.33.6 and 1029.8.33.7 and despite section 1029.8.33.7.2, where the qualified expenditure is made in respect of an eligible trainee described in any of paragraphs b to c of the definition of “eligible trainee” in the first paragraph of section 1029.8.33.2 (in this section referred to as a “student trainee”) and the conditions of the second paragraph are met, the following rules apply:

(a)  if the eligible taxpayer referred to in section 1029.8.33.6 or 1029.8.33.7 is a qualified corporation, the percentage of 12% mentioned in the first paragraph of that section is to be replaced, in respect of that expenditure,

i.  where the student trainee is an immigrant, a Native person or a disabled person, or is serving a qualified training period in an establishment of the trainee’s employer that is situated in an eligible region, by a percentage of 50%, and

ii.  in any other case, by a percentage of 40%; and

(b)  if the eligible taxpayer referred to in section 1029.8.33.6 or 1029.8.33.7 is an individual (other than a tax-exempt individual), the percentage of 12% mentioned in the first paragraph of that section is to be replaced, in respect of that expenditure,

i.  where the student trainee is an immigrant, a Native person or a disabled person, or is serving a qualified training period in an establishment of the trainee’s employer that is situated in an eligible region, by a percentage of 25%, and

ii.  in any other case, by a percentage of 20%.

The conditions to which the first paragraph refers are as follows:

(a)  in the case of section 1029.8.33.6, the taxation year referred to in that section is at least the third consecutive taxation year in which the eligible taxpayer makes a qualified expenditure in respect of a student trainee and the qualified expenditure made in each of those consecutive taxation years is at least $2,500; and

(b)  in the case of section 1029.8.33.7, the fiscal period referred to in that section is at least the third consecutive fiscal period in which the qualified partnership makes a qualified expenditure in respect of a student trainee and the qualified expenditure made in each of those consecutive fiscal periods is at least $2,500.

2015, c. 36, s. 100; 2017, c. 29, s. 176; 2019, c. 14, s. 315.

2017-12-07

1029.8.33.7.3. For the purposes of sections 1029.8.33.6 and 1029.8.33.7 and despite section 1029.8.33.7.2, where the qualified expenditure is made in respect of an eligible trainee described in any of paragraphs b to c of the definition of “eligible trainee” in the first paragraph of section 1029.8.33.2 (in this section referred to as a “student trainee”) and the conditions of the second paragraph are met, the following rules apply:

(a)  if the eligible taxpayer referred to in section 1029.8.33.6 or 1029.8.33.7 is a qualified corporation, the percentage of 12% mentioned in the first paragraph of that section is to be replaced, in respect of that expenditure,

i.  where the student trainee is an immigrant or a disabled person, by a percentage of 50%, and

ii.  in any other case, by a percentage of 40%; and

(b)  if the eligible taxpayer referred to in section 1029.8.33.6 or 1029.8.33.7 is an individual (other than a tax-exempt individual), the percentage of 12% mentioned in the first paragraph of that section is to be replaced, in respect of that expenditure,

i.  where the student trainee is an immigrant or a disabled person, by a percentage of 25%, and

ii.  in any other case, by a percentage of 20%.

The conditions to which the first paragraph refers are as follows:

(a)  in the case of section 1029.8.33.6, the taxation year referred to in that section is at least the third consecutive taxation year in which the eligible taxpayer makes a qualified expenditure in respect of a student trainee and the qualified expenditure made in each of those consecutive taxation years is at least $2,500; and

(b)  in the case of section 1029.8.33.7, the fiscal period referred to in that section is at least the third consecutive fiscal period in which the qualified partnership makes a qualified expenditure in respect of a student trainee and the qualified expenditure made in each of those consecutive fiscal periods is at least $2,500.

2015, c. 36, s. 100; 2017, c. 29, s. 176.

2015-12-04

1029.8.33.7.3. For the purposes of sections 1029.8.33.6 and 1029.8.33.7 and despite section 1029.8.33.7.2, where the qualified expenditure is made in respect of an eligible trainee described in any of paragraphs b to c of the definition of “eligible trainee” in the first paragraph of section 1029.8.33.2 (in this section referred to as a “student trainee”) and the conditions of the second paragraph are met, the following rules apply:

(a)  if the eligible taxpayer referred to in section 1029.8.33.6 or 1029.8.33.7 is a qualified corporation, the percentage of 12% mentioned in the first paragraph of that section is to be replaced, in respect of that expenditure,

i.  where the student trainee is an immigrant or a disabled person, by a percentage of 50%, and

ii.  in any other case, by a percentage of 40%; and

(b)  if the eligible taxpayer referred to in section 1029.8.33.6 or 1029.8.33.7 is an individual (other than a tax-exempt individual), the percentage of 12% mentioned in the first paragraph of that section is to be replaced, in respect of that expenditure,

i.  where the student trainee is an immigrant or a disabled person, by a percentage of 25%, and

ii.  in any other case, by a percentage of 20%.

The conditions to which the first paragraph refers are as follows:

(a)  in the case of section 1029.8.33.6, the taxation year referred to in that section is at least the third consecutive taxation year for which the eligible taxpayer is deemed to have paid an amount to the Minister under that section in relation to a qualified expenditure made in respect of a student trainee and the qualified expenditure made in each of those consecutive taxation years is at least $2,500; and

(b)  in the case of section 1029.8.33.7, the fiscal period referred to in that section is at least the third consecutive fiscal period in which the qualified partnership makes a qualified expenditure in respect of a student trainee and the qualified expenditure made in each of those consecutive fiscal periods is at least $2,500.

2015, c. 36, s. 100.