1029.8.36.110.For the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year by a taxpayer under section 1029.8.36.104 or 1029.8.36.105, the following rules apply:
(a) the amount of a qualified solicitation expenditure referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.104 shall in no case exceed the amount that would be deductible in respect of that expenditure in computing the taxpayer’s income for the taxation year in which the taxpayer has incurred the expenditure if the amount actually paid or payable in respect of that expenditure was equal, for the purpose of computing such income, to the amount by which the amount otherwise actually paid or payable in respect of that expenditure exceeds the aggregate of all amounts each of which is an amount referred to in paragraph a of section 1029.8.36.108 or 1029.8.36.109 in respect of that expenditure; and
(b) the share, for a fiscal period of a partnership, of a taxpayer who is a member of the partnership, of an amount of qualified solicitation expenditure, referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.105, shall in no case be greater than the taxpayer’s share, for that fiscal period, of the amount that would be deductible in respect of that expenditure in computing the partnership’s income for the fiscal period in which the partnership incurred the expenditure if the amount actually paid or payable in respect of the expenditure was equal, for the purpose of computing such income, to the amount by which the amount otherwise actually paid or payable in respect of that expenditure exceeds the aggregate of all amounts each of which is an amount referred to in subparagraph i or ii of paragraph b of section 1029.8.36.108 or 1029.8.36.109 in respect of that expenditure and a member of the partnership.