I-3 - Taxation Act

Section 1029.8.181 Disposition versions

2019-06-19

1029.8.181. For the purpose of determining an individual’s qualified expenditure for a particular 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 the services supplied by a damage assessment expert or the cost of recognized 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 a taxpayer’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, or

vi.  an amount that is taken into account in computing

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

(2)  an amount deemed to have been paid to the Minister on account of an individual’s tax payable for the year or any other taxation year under this Part, except an amount deemed under this division to have been paid to the Minister on account of an individual’s tax payable 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 service 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)  where a service agreement entered into with a qualified contractor deals with repair work and post-disaster clean-up or preservation work, or does not deal only with recognized 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 out under the agreement; and

(d)  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 a qualified 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 with information, in the prescribed form, relating to the services supplied by a damage assessment expert and the recognized work as well as the amount of the individual’s share of the expenditure.

2019, c. 14, s. 416.