I-3 - Taxation Act

Section 1029.8.36.0.84 Disposition versions

2021-06-04

1029.8.36.0.84. (Repealed).

2002, c. 9, s. 83; 2003, c. 9, s. 274; 2004, c. 21, s. 347; 2005, c. 1, s. 240; 2005, c. 23, s. 184; 2021, c. 18, s. 121.

2006-03-01

1029.8.36.0.84. In this division,

“completion date of the work” on a strategic building of a corporation means the date on which the construction, renovation or alteration work in relation to the building is completed and that is specified in the work completion certificate that Investissement Québec issues to the corporation in respect of the building;

“eligible expenses” incurred by a qualified corporation in a taxation year, in respect of a strategic building, means

(a)  where the certificate referred to in the definition of “strategic building” became effective before 1 January 2001, the aggregate of all expenses

i.  that were incurred after 29 June 2000 and before the completion date of the work by the corporation in the year and that may reasonably be attributed to work carried out by or on behalf of the corporation, for the construction, renovation or alteration of the building after 29 June 2000 and before the earlier of

(1)  the completion date of the work, and

(2)   13 June 2004, and

ii.  that are included, at the end of that year, in the capital cost of the building;

(b)  where the certificate referred to in the definition of “strategic building” became effective after 31 December 2000 and before 1 January 2004, the aggregate of all the expenses

i.  that were incurred by the corporation in that year, before the completion date of the work, and that may reasonably be attributed to work carried out by or on behalf of the corporation, for the construction, renovation or alteration of the building before the earlier of

(1)  the completion date of the work, and

(2)  13 June 2004, and

ii.  that are included, at the end of that year, in the capital cost of the building;

(c)  (paragraph repealed);

“filing period” of a qualified corporation in respect of a strategic building of the qualified corporation means the 9 taxation years of the corporation that are subsequent to the corporation’s taxation year that includes the completion date of the work on the building;

“international trade zone” has the meaning assigned by the first paragraph of section 1029.8.36.0.38;

“qualified corporation”, for a taxation year, means a corporation that carries on business in Québec and has an establishment in Québec in the year, but does not include

(a)  a corporation that is exempt from tax for the year under Book VIII, other than an insurer referred to in paragraph k of section 998 not so exempt from tax on the totality of its taxable income for the year by reason of section 999.0.1; or

(b)  a corporation that would be exempt from tax for the year under section 985, but for section 192;

(c)  (paragraph repealed);

“strategic building” of a corporation means a building or any part thereof situated in the international trade zone, in respect of which a valid qualification certificate is issued to the corporation by Investissement Québec for all or part of a taxation year of the corporation.

For the purposes of the definition of “eligible expenses” in the first paragraph,

(a)  eligible expenses incurred by a qualified corporation in a taxation year, in respect of a strategic building, include an expenditure of a capital nature relating to earthworks or the preparation of a runway or of a parking area;

(b)  an amount incurred or paid in a taxation year that relates to work carried out in a subsequent taxation year is deemed not to have been incurred or paid in that year but to have been incurred or paid in the subsequent year.

2002, c. 9, s. 83; 2003, c. 9, s. 274; 2004, c. 21, s. 347; 2005, c. 1, s. 240; 2005, c. 23, s. 184.