I-3 - Taxation Act

Section 1029.8.36.0.96 Disposition versions

2019-06-19

1029.8.36.0.96. For the purposes of subparagraph b of the second paragraph of section 1029.8.36.0.95, the monthly ceiling on the production of ethanol of a qualified corporation, for a particular month of a taxation year, is,

(a)  if the qualified corporation is a member of an associated group in the year, the number of litres attributed for the particular month to the qualified corporation pursuant to the agreement described in the second paragraph or, in the absence of such an agreement, zero or the number of litres, determined with reference to the rules set out in the second paragraph, attributed to the qualified corporation by the Minister, if applicable, for the particular month; or

(b)  if subparagraph a does not apply, the number of litres obtained by multiplying 821,917 by the number of days in the particular month.

The agreement to which subparagraph a of the first paragraph refers is the agreement under which all of the qualified corporations that are members of the associated group in the year attribute to one or more of their number, for the purposes of this section, a number of litres; for that purpose, the total number of litres so attributed for the particular month must not exceed the number of litres determined under subparagraph b of the first paragraph for the particular month.

For the purposes of this section, where the particular month of a taxation year includes 31 March 2023 and does not end on that date, subparagraph b of the first paragraph is to be read as if “that precede 1 April 2023” were inserted at the end.

2006, c. 36, s. 147; 2011, c. 34, s. 82; 2019, c. 14, s. 335.

2011-12-09

1029.8.36.0.96. For the purposes of subparagraph ii of subparagraph a of the second paragraph of section 1029.8.36.0.95, the monthly ceiling on the production of ethanol of a qualified corporation, for a particular month of a taxation year, is,

(a)  if the qualified corporation is a member of an associated group in the year, the number of litres attributed for the particular month to the qualified corporation pursuant to the agreement described in the second paragraph or, in the absence of such an agreement, zero or the number of litres, determined with reference to the rules set out in the second paragraph, attributed to the qualified corporation by the Minister, if applicable, for the particular month; or

(b)  if subparagraph a does not apply, the number of litres obtained by multiplying 345,205 by the number of days in the particular month.

The agreement to which subparagraph a of the first paragraph refers is the agreement under which all of the qualified corporations that are members of the associated group in the year attribute to one or more of their number, for the purposes of this section, a number of litres; for that purpose, the total number of litres so attributed for the particular month must not exceed the number of litres determined under subparagraph b of the first paragraph for the particular month.

2006, c. 36, s. 147; 2011, c. 34, s. 82.

2006-12-06

1029.8.36.0.96. For the purposes of subparagraph b of the first paragraph of section 1029.8.36.0.95, the balance of the qualified corporation’s cumulative credit limit, for the taxation year, is equal,

(a)  if the qualified corporation is a member of an associated group in the taxation year, to the amount attributed for the taxation year to the qualified corporation pursuant to the agreement described in the second paragraph or, in the absence of such an agreement, to zero or the amount, determined with reference to the rules set out in the second paragraph, attributed to the qualified corporation by the Minister, where applicable, for the taxation year; and

(b)  in any other case, to the amount by which the amount obtained by multiplying $0.152 by the lesser of 1.2 billion litres and the total of the numbers of litres each of which is the total nominal capacity of the plant in Québec of a corporation referred to in subparagraph i where the corporation produces eligible ethanol, determined for its eligibility period, or that of the plant in Québec of a corporation referred to in subparagraph ii where the corporation produces eligible ethanol, determined for the part of its eligibility period that ends at the end of the particular taxation year referred to in that subparagraph ii, exceeds the amount by which the aggregate of all amounts each of which is a tax that a corporation referred to in subparagraph i is required to pay under Part III.10.1.9 for the taxation year or a preceding taxation year or that a corporation referred to in subparagraph ii is required to pay under Part III.10.1.9 for the particular taxation year referred to in that subparagraph ii or a preceding taxation year, is exceeded by the aggregate of all amounts each of which is

i.  an amount that the qualified corporation or another corporation with which it is associated in the taxation year is deemed to have paid to the Minister under section 1029.8.36.0.95 for a taxation year preceding the taxation year or under section 1029.8.36.0.101 for the taxation year or a preceding taxation year, or

ii.  an amount that a corporation that was associated with a corporation referred to in subparagraph i for the last time in a particular taxation year that precedes the taxation year is deemed to have paid to the Minister under section 1029.8.36.0.95 or 1029.8.36.0.101 for the particular taxation year or a preceding taxation year.

The agreement to which subparagraph a of the first paragraph refers is the agreement under which all of the qualified corporations that are members of the associated group in the taxation year attribute to one or more of their number, for the purposes of this section, one or more amounts the total of which is not greater than the amount by which the amount obtained by multiplying $0.152 by the lesser of 1.2 billion litres and the total of the numbers of litres each of which is the total nominal capacity of the plant in Québec of a corporation referred to in subparagraph a where the corporation produces eligible ethanol, determined for its eligibility period, or that of the plant in Québec of a corporation referred to in subparagraph b where the corporation produces eligible ethanol, determined for the part of its eligibility period that ends at the end of the particular taxation year referred to in that subparagraph b, exceeds the amount by which the aggregate of all amounts each of which is a tax that a corporation referred to in subparagraph a is required to pay under Part III.10.1.9 for the taxation year or a preceding taxation year or that a corporation referred to in subparagraph b is required to pay under Part III.10.1.9 for the particular taxation year referred to in that subparagraph b or a preceding taxation year, is exceeded by the aggregate of all amounts each of which is

(a)  an amount that a qualified corporation that is a member of the associated group or another corporation that is not a member of the associated group but with which a qualified corporation that is a member of the associated group is associated in the taxation year is deemed to have paid to the Minister under section 1029.8.36.0.95 for a taxation year preceding the taxation year or under section 1029.8.36.0.101 for the taxation year or a preceding taxation year; or

(b)  an amount that a corporation that was associated with a corporation referred to in subparagraph a for the last time in a particular taxation year that precedes the taxation year is deemed to have paid to the Minister under section 1029.8.36.0.95 or 1029.8.36.0.101 for the particular taxation year or a preceding taxation year.

2006, c. 36, s. 147.