I-3 - Taxation Act

Section 1029.8.36.0.3.48 Disposition versions

2021-06-04

1029.8.36.0.3.48. (Repealed).

2002, c. 9, s. 74; 2003, c. 9, s. 217; 2004, c. 21, s. 327; 2021, c. 18, s. 119.

2006-03-01

1029.8.36.0.3.48. A corporation that holds, for a taxation year, a valid qualification certificate issued by Investissement Québec for the purposes of this division and that encloses with its fiscal return it is required to file for the year under section 1000 a copy of the qualification certificate as well as the documents referred to in the third paragraph is deemed, subject to the second paragraph and to section 1029.8.36.0.3.49, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for the year under this Part, an amount equal to 35% of the qualified wages incurred by the corporation in the year in respect of one of its eligible employees for all or part of that year.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the valid qualification certificate issued to the corporation for the year by Investissement Québec in respect of the eligible employee for the purposes of this division.

Notwithstanding the first paragraph, no corporation may be deemed to have paid the amount determined under that paragraph to the Minister, on account of its tax payable for a taxation year under this Part, where it elects irrevocably, in the manner and within the time specified in the fifth paragraph, to avail itself for the year of the provisions of section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) in respect of the aggregate of all amounts each of which is an amount that the corporation would, but for this paragraph and the second paragraph of section 1029.8.36.0.3.57, be deemed to have paid to the Minister for the year under this division.

A corporation makes the election to which the fourth paragraph refers for a taxation year by filing with the Minister, for the first time and on or before the day that is 12 months after the corporation’s filing-due date for the year, the prescribed form containing the prescribed information referred to in subparagraph a of the third paragraph.

Where a taxation year of a corporation is, in whole or in part, within a particular period that is between 11 May 2000 and 1 January 2001, for the purpose of determining the amount that the corporation is deemed to have paid to the Minister under the first paragraph, in relation to qualified wages incurred in that taxation year in respect of an eligible employee, the following rules apply:

(a)  where the amount determined under paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.46 is the qualified wages for that taxation year, the rate of 35% referred to in the first paragraph shall be replaced by a rate of 25% applicable in respect of the portion of the qualified wages that may reasonably be considered to be attributable to the wages incurred by the corporation in respect of the eligible employee, while the employee qualified as an eligible employee for the portion of the year within the particular period;

(b)   where the amount determined under paragraph a of section 1029.8.36.0.3.47 is, by virtue of paragraph a of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.46, the qualified wages for that taxation year, the rate of 35% referred to in the first paragraph shall be replaced by a rate of 25% applicable in respect of the qualified wages; and

(c)  where the amount determined under paragraph b of section 1029.8.36.0.3.47 is, by virtue of paragraph a of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.46, the qualified wages for that taxation year, the first paragraph shall be read with “35% of the qualified wages incurred by the corporation in the year in respect of one of its eligible employees” replaced by “the aggregate of 25% of the amount determined under subparagraph i of paragraph b of section 1029.8.36.0.3.47 and 35% of the amount determined under subparagraph ii of paragraph b of that section, in respect of the qualified wages incurred by the corporation in the year in respect of one of its eligible employees”.

2002, c. 9, s. 74; 2003, c. 9, s. 217; 2004, c. 21, s. 327.