I-3 - Taxation Act

Section 1029.8.170 Disposition versions

2017-02-08

1029.8.170. For the purpose of determining an individual’s qualified expenditure for a taxation year in relation to an eligible dwelling, the following rules apply:

(a)  the amount of the qualified expenditure may not include

i.  an amount that is used to finance the cost of recognized eco-friendly renovation work,

ii.  an amount that is attributable to property or services supplied by a person not dealing at arm’s length with the individual or with any of the other owners of the dwelling, unless the person holds a registration number assigned under the Act respecting the Québec sales tax (chapter T-0.1),

iii.  an amount that is incurred to acquire property used by the individual before the acquisition under a contract of lease,

iv.  an amount that is deductible in computing an individual’s income from a business or property for the year or any other taxation year,

v.  an amount that is included in the capital cost of depreciable property, and

vi.  an amount that is taken into account in computing

(1)  an amount that is deducted in computing the tax payable by an individual for the year or any other taxation year under this Part, or

(2)  an amount that is deemed to have been paid to the Minister on account of the tax payable by an individual for the year or any other taxation year under this Part, except an amount that is deemed, under this division, to have been paid to the Minister on account of the tax payable by an individual under this Part;

(b)  the qualified expenditure must be reduced by the amount of any government assistance, non-government assistance, reimbursement or other form of assistance, including an indemnity paid under an insurance contract, attributable to the expenditure, that the individual or any other person (other than the person acting as a qualified contractor under the eco-friendly renovation agreement under which the expenditure is incurred) has received, is entitled to receive or may reasonably expect to receive in any taxation year, except to the extent that the amount has reduced the individual’s qualified expenditure for a preceding taxation year;

(c)  an amount paid under an eco-friendly renovation agreement in relation to recognized eco-friendly renovation work carried on by a qualified contractor may be included in the individual’s qualified expenditure only if the qualified contractor certifies, in the prescribed form containing prescribed information, that the property used in carrying out the work complies, where required, with the energy or environmental standards to which the definition of “recognized eco-friendly renovation work” in the first paragraph of section 1029.8.167 refers in respect of the property;

(d)  where an eco-friendly renovation agreement entered into with a qualified contractor does not deal only with recognized eco-friendly renovation work, an amount paid under the agreement may be included in the individual’s qualified expenditure only if the qualified contractor gives the individual a written statement showing the breakdown of the cost of the property and services the qualified contractor supplied among the various types of work carried on under the agreement; and

(e)  where the individual’s eligible dwelling is an apartment in an immovable under divided co-ownership, the individual’s qualified expenditure is deemed to include the individual’s share of an expenditure paid by the syndicate of co-owners if

i.  it is reasonable to consider that the expenditure would be an eco-friendly renovation expenditure of an individual if the syndicate of co-owners were an individual and the immovable were an eligible dwelling of the individual, and

ii.  the syndicate of co-owners provided the individual, in the prescribed form, with information relating to the work and the amount of the individual’s share of the expenditure.

2017, c. 1, s. 336.