I-3 - Taxation Act

Section 1029.8.21.51 Disposition versions

2009-06-04

1029.8.21.51. (Repealed).

2001, c. 51, s. 103; 2009, c. 15, s. 224.

2006-03-01

1029.8.21.51. Where, in respect of production work in relation to an eligible e-commerce solution, a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage other than the benefit or advantage that may reasonably be attributed to the carrying out of the work, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, the following rules apply:

(a)  for the purpose of computing the amount that a qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.21.42, the amount of the eligible production expenditure of the corporation for the year in respect of the eligible e-commerce solution shall be reduced by the amount of that benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before its filing-due date for that taxation year;

(b)  for the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year under section 1029.8.21.44 by a qualified corporation that is a member of a qualified partnership, the corporation’s share of the amount of the eligible production expenditure of the partnership for a fiscal period ending in that taxation year in respect of the eligible e-commerce solution, shall be reduced

i.  by its share, for that fiscal period, of the amount of the benefit or advantage that a partnership or a person other than a person referred to in subparagraph ii has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of that fiscal period, and

ii.  by the amount of the benefit or advantage that that corporation or a person with whom the corporation does not deal at arm’s length has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of that fiscal period.

2001, c. 51, s. 103.