I-3 - Taxation Act

Section 1029.8.36.59.3 Disposition versions

2010-10-27

1029.8.36.59.3. (Repealed).

2000, c. 39, s. 181; 2003, c. 9, s. 283; 2004, c. 21, s. 357; 2009, c. 15, s. 272; 2010, c. 25, s. 138.

2009-06-04

1029.8.36.59.3. Where, during a fiscal period, a partnership carries on a railway undertaking in Québec and has an establishment in Québec, each taxpayer who is a member of the partnership at the end of the fiscal period and who encloses the prescribed form containing the prescribed information with the fiscal return the taxpayer is required to file under section 1000 for the taxpayer’s taxation year in which the fiscal period of the partnership ends, is deemed, subject to the second paragraph, to have paid to the Minister on the taxpayer’s balance-due day for the taxation year, on account of the taxpayer’s tax payable for the year under this Part, an amount equal to 56.25% of the taxpayer’s share of the partnership’s property taxes for the fiscal period, to the extent that they have been paid.

For the purpose of computing the payments that a taxpayer referred to in the first paragraph is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, for the taxpayer’s taxation year in which the fiscal period of the partnership ends, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, a taxpayer’s share of the property taxes for a fiscal period of a partnership of which the taxpayer is a member is equal to the agreed proportion of the property taxes in respect of the taxpayer for the fiscal period.

2000, c. 39, s. 181; 2003, c. 9, s. 283; 2004, c. 21, s. 357; 2009, c. 15, s. 272.

2006-03-01

1029.8.36.59.3. Where, during a fiscal period, a partnership carries on a railway undertaking in Québec and has an establishment in Québec, each taxpayer who is a member of the partnership at the end of the fiscal period and who encloses the prescribed form containing the prescribed information with the fiscal return the taxpayer is required to file under section 1000 for the taxpayer’s taxation year in which the fiscal period of the partnership ends, is deemed, subject to the second paragraph, to have paid to the Minister on the taxpayer’s balance-due day for the taxation year, on account of the taxpayer’s tax payable for the year under this Part, an amount equal to 56.25% of the taxpayer’s share of the partnership’s property taxes for the fiscal period, to the extent that they have been paid.

For the purpose of computing the payments that a taxpayer referred to in the first paragraph is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, for the taxpayer’s taxation year in which the fiscal period of the partnership ends, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, the taxpayer’s share of the property taxes for a fiscal period of a partnership of which the taxpayer is a member is equal to such proportion of the property taxes as the taxpayer’s share of the income or loss of the partnership for the fiscal period is of the income or loss of that partnership for that fiscal period, on the assumption that, if the income and loss of the partnership for that fiscal period are nil, the partnership’s income for that fiscal period is equal to $1,000,000.

2000, c. 39, s. 181; 2003, c. 9, s. 283; 2004, c. 21, s. 357.