I-3 - Taxation Act

Section 737.18.39 Disposition versions

2021-12-10

737.18.39. For the purposes of paragraph a of the definition of “qualified patented part” in the first paragraph of section 737.18.36, a corporation has made sustained innovation efforts in relation to an invention if the total of all amounts each of which is an aggregate described in the second paragraph, reduced, where applicable, as provided in section 1029.8.19.13 or 1029.8.19.13.1 and determined in relation to scientific research and experimental development work undertaken in the particular period described in the third paragraph by the corporation or by another corporation with which it is associated in the taxation year in which the work was undertaken, or on behalf of the corporation or of the other corporation, as the case may be, and in respect of which the corporation or the other corporation is deemed to have paid an amount to the Minister under any of Divisions II to II.3.0.1 of Chapter III.1 of Title III of Book IX is at least $500,000.

An aggregate to which the first paragraph refers in respect of a corporation for a taxation year included in the particular period described in the third paragraph is

(a)  the aggregate of all amounts each of which is the amount of wages that are, or of a portion of a consideration that is, referred to in any of subparagraphs a to i of the first paragraph of section 1029.7, determined with reference to subdivisions 2, 4 and 6 of Division II.4 of Chapter III.1 of Title III of Book IX;

(b)  the aggregate of all amounts each of which is the amount of an expenditure that is referred to in subparagraph a or b of the first paragraph of section 1029.8.6, determined with reference to subdivisions 2, 4 and 6 of Division II.4 of Chapter III.1 of Title III of Book IX;

(c)  the aggregate of all amounts each of which is the amount of an eligible fee or eligible fee balance, within the meaning assigned to those expressions by section 1029.8.9.0.2, determined with reference to subdivisions 2, 4 and 6 of Division II.4 of Chapter III.1 of Title III of Book IX; or

(d)  the aggregate of all amounts each of which is the amount of an expenditure that is referred to in any of subparagraphs a to c of the first paragraph of section 1029.8.16.1.4, determined with reference to subdivisions 2, 4 and 6 of Division II.4 of Chapter III.1 of Title III of Book IX.

The particular period to which the first paragraph refers is the five-taxation-year period that precedes the taxation year in which the application referred to in subparagraph ii of paragraph c of the definition of “qualified patented part” in the first paragraph of section 737.18.36 is made in relation to the invention referred to in the first paragraph.

2017, c. 29, s. 115; 2021, c. 14, s. 74; 2021, c. 36, s. 77.

2021-06-02

737.18.39. For the purposes of paragraph a of the definition of “qualified patented part” in the first paragraph of section 737.18.36, a corporation has made sustained innovation efforts in relation to an invention if the total of all amounts each of which is an aggregate described in any of subparagraphs a to d of the first paragraph of section 1029.8.19.13 or in subparagraph a of the first paragraph of section 1029.8.19.13.1, reduced as provided in those sections and determined in relation to scientific research and experimental development work undertaken in the particular period described in the second paragraph by the corporation or by another corporation with which it is associated in the taxation year in which the work was undertaken and in respect of which the corporation or the other corporation, as the case may be, is deemed to have paid an amount to the Minister under any of Divisions II to II.3.0.1 of Chapter III.1 of Title III of Book IX is at least $500,000.

The particular period to which the first paragraph refers is the five-taxation-year period that precedes the taxation year in which the application referred to in subparagraph ii of paragraph c of the definition of “qualified patented part” in the first paragraph of section 737.18.36 is made in relation to the invention referred to in the first paragraph.

2017, c. 29, s. 115; 2021, c. 14, s. 74.

2017-12-07

737.18.39. For the purposes of paragraph a of the definition of “qualified patented part” in the first paragraph of section 737.18.36, a corporation has made sustained innovation efforts in relation to an invention if the total of all amounts each of which is an aggregate described in any of subparagraphs a to d of the first paragraph of section 1029.8.19.13, reduced as provided in that section and determined in relation to scientific research and experimental development work undertaken in the particular period described in the second paragraph by the corporation or by another corporation with which it is associated in the taxation year in which the work was undertaken and in respect of which the corporation or the other corporation, as the case may be, is deemed to have paid an amount to the Minister under any of Divisions II to II.3.0.1 of Chapter III.1 of Title III of Book IX is at least $500,000.

The particular period to which the first paragraph refers is the five-taxation-year period that precedes the taxation year in which the application referred to in subparagraph ii of paragraph c of the definition of “qualified patented part” in the first paragraph of section 737.18.36 is made in relation to the invention referred to in the first paragraph.

2017, c. 29, s. 115.