I-3 - Taxation Act

Section 1029.8.19.13 Disposition versions

2021-06-02

1029.8.19.13. For the purpose of computing the amount that a taxpayer is deemed to have paid to the Minister for a taxation year that begins after 2 December 2014 but before 11 March 2020, under any of sections 1029.7, 1029.8.6, 1029.8.9.0.3 and 1029.8.16.1.4 (in this section referred to as a “particular provision”), the following rules apply:

(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 and that is included in the taxpayer’s reducible expenditures for the year, determined with reference to subdivisions 2, 4 and 6, is to be reduced by the lesser of the exclusion threshold applicable to the taxpayer for the year and the aggregate of those amounts for the year;

(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 and that is included in the taxpayer’s reducible expenditures for the year, determined with reference to subdivisions 2, 4 and 6, is to be reduced by the lesser of the exclusion threshold applicable to the taxpayer for the year and the aggregate of those amounts for the year;

(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, that is included in the taxpayer’s reducible expenditures for the year, determined with reference to subdivisions 2, 4 and 6, is to be reduced by the lesser of the exclusion threshold applicable to the taxpayer for the year and the aggregate of those amounts for the year;

(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 and that is included in the taxpayer’s reducible expenditures for the year, determined with reference to subdivisions 2, 4 and 6, is to be reduced by the lesser of the exclusion threshold applicable to the taxpayer for the year and the aggregate of those amounts for the year; and

(e)  where the taxpayer is a corporation, the taxpayer’s expenditure limit for the year, determined for the purposes of any of sections 1029.7.2, 1029.8.6.2, 1029.8.9.0.3.1 and 1029.8.16.1.4.1, is to be reduced by the amount of the reduction, determined for the year in respect of the taxpayer under any of subparagraphs a to d, that relates to that expenditure limit.

For the purposes of the first paragraph, where the amount of a taxpayer’s reducible expenditures for a taxation year is greater than the exclusion threshold applicable to the taxpayer for the year and the taxpayer may be deemed, but for this subdivision, to have paid an amount to the Minister for the year under more than one particular provision, the exclusion threshold applicable to the taxpayer for the year is deemed to be equal, in relation to each particular provision, to the amount determined by the formula

A × B/C.

In the formula in the second paragraph,

(a)  A is the exclusion threshold that would otherwise be applicable to the taxpayer for the year;

(b)  B is the aggregate of all amounts each of which is an expenditure–referred to in any of paragraphs a to d of the definition of “reducible expenditures” in the first paragraph of section 1029.8.19.8–of the taxpayer for the year in relation to the particular provision; and

(c)  C is the taxpayer’s reducible expenditures for the year.

2015, c. 36, s. 99; 2021, c. 14, s. 126.

2015-12-04

1029.8.19.13. For the purpose of computing the amount that a taxpayer is deemed to have paid to the Minister for a taxation year that begins after 2 December 2014, under any of sections 1029.7, 1029.8.6, 1029.8.9.0.3 and 1029.8.16.1.4 (in this section referred to as a “particular provision”), the following rules apply:

(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 and that is included in the taxpayer’s reducible expenditures for the year, determined with reference to subdivisions 2, 4 and 6, is to be reduced by the lesser of the exclusion threshold applicable to the taxpayer for the year and the aggregate of those amounts for the year;

(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 and that is included in the taxpayer’s reducible expenditures for the year, determined with reference to subdivisions 2, 4 and 6, is to be reduced by the lesser of the exclusion threshold applicable to the taxpayer for the year and the aggregate of those amounts for the year;

(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, that is included in the taxpayer’s reducible expenditures for the year, determined with reference to subdivisions 2, 4 and 6, is to be reduced by the lesser of the exclusion threshold applicable to the taxpayer for the year and the aggregate of those amounts for the year;

(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 and that is included in the taxpayer’s reducible expenditures for the year, determined with reference to subdivisions 2, 4 and 6, is to be reduced by the lesser of the exclusion threshold applicable to the taxpayer for the year and the aggregate of those amounts for the year; and

(e)  where the taxpayer is a corporation, the taxpayer’s expenditure limit for the year, determined for the purposes of any of sections 1029.7.2, 1029.8.6.2, 1029.8.9.0.3.1 and 1029.8.16.1.4.1, is to be reduced by the amount of the reduction, determined for the year in respect of the taxpayer under any of subparagraphs a to d, that relates to that expenditure limit.

For the purposes of the first paragraph, where the amount of a taxpayer’s reducible expenditures for a taxation year is greater than the exclusion threshold applicable to the taxpayer for the year and the taxpayer may be deemed, but for this subdivision, to have paid an amount to the Minister for the year under more than one particular provision, the exclusion threshold otherwise applicable to the taxpayer for the year is deemed to be equal, in relation to each particular provision, to the amount determined by the formula

A × B/C.

In the formula in the second paragraph,

(a)  A is the exclusion threshold that would otherwise be applicable to the taxpayer for the year;

(b)  B is the aggregate of all amounts each of which is an expenditure–referred to in any of paragraphs a to d of the definition of “reducible expenditures” in the first paragraph of section 1029.8.19.8–of the taxpayer for the year in relation to the particular provision; and

(c)  C is the taxpayer’s reducible expenditures for the year.

2015, c. 36, s. 99.