I-3 - Taxation Act

Section 1029.8.36.135 Disposition versions

2010-04-20

1029.8.36.135. (Repealed).

2001, c. 51, s. 189; 2010, c. 5, s. 158.

2006-03-01

1029.8.36.135. The agreement to which subparagraph d of the first paragraph of section 1029.8.36.129 refers in respect of a foreign investment fund for a taxation year, where the corporation is a member of an associated group at the end of the year, means the agreement pursuant to which all the member corporations and partnerships of the group attribute to the corporation, for the purposes of this division, an amount for the year that is not greater than the amount by which $300,000 exceeds the aggregate of all amounts each of which is an amount deemed under section 1029.8.36.129 or 1029.8.36.132 to have been paid to the Minister in respect of the fund

(a)  by the corporation for a preceding taxation year;

(b)  where the corporation is a member of an associated group in the year, by another member corporation of the group, in the second paragraph referred to as the “particular corporation”, for a taxation year ending in the year or for any taxation year preceding that year, or by a taxpayer who is a member at the end of a fiscal period of a member partnership of the group, in the second paragraph referred to as the “particular partnership”, for a taxation year in which that fiscal period ended and ending in the year or for any taxation year preceding that year; or

(c)  where the corporation was a member of an associated group in a preceding taxation year, by another corporation, other than a corporation referred to in subparagraph b, that was a member corporation of the group, in the second paragraph referred to as the “particular corporation”, for a taxation year ending in that preceding taxation year or for any taxation year preceding that year, or by a taxpayer, other than a taxpayer referred to in subparagraph b, who was a member at the end of a fiscal period of a member partnership of the group, in the second paragraph referred to as the “particular partnership”, for a taxation year in which that fiscal period ended and ending in that preceding taxation year or for any taxation year preceding that year.

For the purposes of subparagraph c of the first paragraph, where a particular corporation or a particular partnership was a member of a particular associated group in a preceding taxation year, of which the corporation was not a member, the corporation is deemed to be a member of the particular associated group in the preceding taxation year.

2001, c. 51, s. 189.