I-3 - Taxation Act

Section 1029.8.36.0.85 Disposition versions

2021-06-04

1029.8.36.0.85. (Repealed).

2002, c. 9, s. 83; 2002, c. 40, s. 163; 2003, c. 9, s. 275; 2005, c. 23, s. 185; 2021, c. 18, s. 121.

2006-03-01

1029.8.36.0.85. A qualified corporation that, in a taxation year, incurs eligible expenses in respect of a strategic building and encloses, with its fiscal return it is required to file for the year under section 1000, a copy of the valid qualification certificate issued by Investissement Québec for the year in respect of the building and the prescribed form containing the prescribed information, is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for the year under this Part, an amount equal to 25% of its eligible expenses incurred in that year in respect of the building, to the extent that those expenses are paid.

Subject to the third paragraph, for the purpose of computing the payments that a qualified corporation referred to in the first paragraph is required to make under 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, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its 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.

The second paragraph does not apply to a qualified corporation where the strategic building in respect of which the qualified corporation is deemed to have paid an amount to the Minister under the first paragraph is, as the case may be, used mainly by the qualified corporation in a taxation year, or used mainly, in a fiscal period that ends in that year, by a partnership of which the qualified corporation is a member at the end of that fiscal period, in connection with a business in respect of which the corporation

(a)  may deduct an amount for the year in computing its taxable income under section 737.18.11;

(b)  may deduct an amount for the year in computing its paid-up capital under paragraph d or e of section 1137;

(c)  is deemed to have paid an amount to the Minister for the year under Division II.6.0.4, II.6.0.5 or II.6.0.6; or

(d)  is not required to pay, at any time in the year, a contribution in respect of the wages of one of its employees because of subparagraph b of the seventh paragraph of section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5).

2002, c. 9, s. 83; 2002, c. 40, s. 163; 2003, c. 9, s. 275; 2005, c. 23, s. 185.