I-3 - Taxation Act

Section 1029.8.36.0.1 Disposition versions

2007-11-07

1029.8.36.0.1. (Repealed).

1997, c. 14, s. 221; 1997, c. 31, s. 143; 1999, c. 83, s. 196; 2000, c. 39, s. 148; 2001, c. 7, s. 169; 2001, c. 51, s. 228; 2007, c. 12, s. 160.

2006-03-01

1029.8.36.0.1. In this division,

“certified production costs” of a corporation for a taxation year in respect of a property that is a multimedia title means the amount entered as such on the final certificate or document validating the operating receipts, as the case may be, issued to the corporation in respect of the property by the Société de développement des entreprises culturelles;

“eligible operating receipts” of a corporation for a taxation year in respect of a property that is a multimedia title means the lesser of

(a)  the aggregate of

i.  the operating receipts of the corporation for the year in respect of the property, and

ii.  the amount by which the aggregate of the operating receipts of the corporation in respect of the property for a taxation year preceding the year exceeds the aggregate of the eligible operating receipts of the corporation in respect of the property for a taxation year preceding the year; and

(b)  the amount by which

i.  50% of the amount by which the certified production costs of the corporation for the year in respect of the property exceeds the aggregate of all amounts each of which is the amount by which the amount of any government assistance or non-government assistance attributable to those costs, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, exceeds the portion of that amount it has paid, by that time, as repayment of the assistance pursuant to a legal obligation, exceeds

ii.  the amount by which the aggregate of the eligible operating receipts of the corporation in respect of the property for a taxation year preceding the year exceeds 500% of the aggregate of all amounts each of which is tax the corporation is required to pay under Part III.1.1 in respect of the property for a taxation year preceding the year and that is attributable to an amount that the corporation is deemed to have paid to the Minister under paragraph c of section 1029.8.36.0.2;

“eligible production costs” of a corporation for a taxation year in respect of a property that is a multimedia title means the amount entered as such on the temporary certificate issued for the year to the corporation in respect of the property by the Société de développement des entreprises culturelles;

“labour expenditure” of a corporation for a taxation year in respect of a property that is a multimedia title means, subject to the second paragraph, the expenditure indicated as such by the Société de développement des entreprises culturelles on the temporary or final certificate, as the case may be, issued to the corporation by the Société for the year in respect of the property;

“multimedia title” of a corporation for a taxation year means an organized set of numerical information in respect of which the Société de développement des entreprises culturelles issues for the year a certificate or document validating the operating receipts for the purposes of this division;

“operating receipts” of a corporation for a taxation year in respect of a property that is a multimedia title means the amount entered for the year as such on the document validating the operating receipts, issued to the corporation for the year in respect of the property by the Société de développement des entreprises culturelles;

“qualified labour expenditure” of a corporation for a taxation year in respect of a property that is a multimedia title means the lesser of

(a)  the amount by which

i.  the aggregate of

(1)  the labour expenditure of the corporation for the year in respect of the property,

(2)  a repayment made by the corporation in the year pursuant to a legal obligation, of any assistance referred to, in respect of the property, in subparagraph ii or in the second paragraph, and

(3)  the amount by which the aggregate of all amounts each of which is the labour expenditure of the corporation or an amount determined under subparagraph 2, for a taxation year preceding the year and in respect of the property, exceeds the aggregate of all amounts each of which is the qualified labour expenditure of the corporation in respect of the property for a taxation year preceding the year, exceeds

ii.  the amount by which the amount of any government assistance and non-government assistance that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to a labour expenditure of the corporation for a taxation year preceding the year in respect of the property, to the extent that the amount has not, by virtue of the second paragraph, reduced the labour expenditure of the corporation for that preceding year, exceeds the amount determined pursuant to the fourth paragraph; and

(b)  the amount by which

i.  60% of the amount by which, where the Société de développement des entreprises culturelles has issued a final certificate in respect of the property before the end of the year, the certified production costs in respect of the property or, where the Société de développement des entreprises culturelles has issued a temporary certificate, the aggregate of the eligible production costs of the corporation in respect of the property for the year or for a preceding taxation year, exceeds the aggregate of all amounts each of which is the amount by which the amount of any government assistance or non-government assistance attributable to those costs, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, exceeds the portion of that amount it has paid, by that time, as repayment of the assistance pursuant to a legal obligation, exceeds

ii.  the amount by which the aggregate of all amounts each of which is the qualified labour expenditure of the corporation in respect of the property for a taxation year preceding the year exceeds the aggregate of

(1)  500% of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1.1 in respect of the property for a taxation year preceding the year and that is attributable to an amount that the corporation is deemed to have paid to the Minister under subparagraph i of paragraph a of section 1029.8.36.0.2, and

(2)  400% of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1.1 in respect of the property for a taxation year preceding the year and that is attributable to an amount that the corporation is deemed to have paid to the Minister under subparagraph ii of paragraph a of section 1029.8.36.0.2.

The amount of the labour expenditure of a corporation for a taxation year in respect of a property that is a multimedia title shall be reduced, where applicable, by the amount of any government assistance and non-government assistance attributable to that expenditure and that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year.

For the purposes of subparagraph 2 of subparagraph i of paragraph a of the definition of “qualified labour expenditure” in the first paragraph and of subparagraph i of paragraph b of the definitions of “qualified labour expenditure” and “eligible operating receipts” in that paragraph, an amount of assistance is deemed to be repaid by a corporation in a taxation year, pursuant to a legal obligation, where that amount

(a)  was applied, for the purpose of computing the amount the corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.2

i.  in reduction of a labour expenditure of the corporation because of the second paragraph,

ii.  in reduction of a qualified labour expenditure of the corporation because of subparagraph ii of paragraph a of the definition of “qualified labour expenditure” in the first paragraph, and

iii.  because of subparagraph i of paragraph b of the definition of “qualified labour expenditure” and of “eligible operating receipts” in the first paragraph, the eligible production costs of the corporation for the year or a preceding taxation year or its certified production costs, as the case may be;

(b)  was not received by the corporation; and

(c)  ceased in the taxation year to be an amount that the corporation may reasonably expect to receive.

The amount to which subparagraph ii of paragraph a of the definition of “qualified labour expenditure” in the first paragraph refers is equal to the aggregate of

(a)  500% of the aggregate of all amounts each of which is tax that the corporation is required to pay under subparagraph i of subparagraph f of the first paragraph of section 1129.4.2 in respect of the property for a taxation year ending before 18 April 1997 and that precedes the year; and

(b)  400% of the aggregate of all amounts each of which is tax that the corporation is required to pay under subparagraph i of subparagraph f of the first paragraph of section 1129.4.2 in respect of the property for a taxation year ending after 17 April 1997 and that precedes the year.

1997, c. 14, s. 221; 1997, c. 31, s. 143; 1999, c. 83, s. 196; 2000, c. 39, s. 148; 2001, c. 7, s. 169; 2001, c. 51, s. 228.