I-3 - Taxation Act

Section 1029.8.36.53.10 Disposition versions

2021-06-04

1029.8.36.53.10. (Repealed).

2007, c. 12, s. 184; 2009, c. 15, s. 268; 2021, c. 18, s. 122.

2009-06-04

1029.8.36.53.10. In this division,

“eligible expenses” of an eligible taxpayer for a taxation year or of a partnership for a fiscal period, in respect of an eligible facility, means the aggregate of expenses that are directly attributable to the acquisition and installation of the eligible facility and that are incurred by the taxpayer in the taxation year or by the partnership in the fiscal period,

(a)  after 23 March 2006 and before 1 April 2010; or

(b)  after 31 March 2010 and before 1 April 2011, if

i.  the expenses are incurred pursuant to the application for a qualification certificate, in relation to the eligible facility, filed with the Minister of Agriculture, Fisheries and Food before 1 April 2010, and

ii.  the installation of the eligible facility began before 1 April 2010;

“eligible facility” relating to a farming establishment means a facility to be installed in the farming establishment and in respect of which the Minister of Agriculture, Fisheries and Food has issued a qualification certificate for the purposes of this division;

“eligible taxpayer” means an individual or corporation, other than an excluded corporation;

“excluded corporation” for a taxation year means a corporation that is exempt from tax for the year under Book VIII or that would be exempt from tax for the year under section 985, but for section 192.

The expenses described in the definition of “eligible expenses” in the first paragraph do not include the expenses in respect of which an election is made under section 180 or 182 after 29 June 2006.

For the purposes of this division, the share of a member of a partnership of an amount for a fiscal period is equal to the agreed proportion of the amount in respect of the member for that fiscal period.

2007, c. 12, s. 184; 2009, c. 15, s. 268.

2007-11-07

1029.8.36.53.10. In this division,

“eligible expenses” of an eligible taxpayer for a taxation year or of a partnership for a fiscal period, in respect of an eligible facility, means the aggregate of expenses that are directly attributable to the acquisition and installation of the eligible facility and that are incurred by the taxpayer in the taxation year or by the partnership in the fiscal period,

(a)  after 23 March 2006 and before 1 April 2010; or

(b)  after 31 March 2010 and before 1 April 2011, if

i.  the expenses are incurred pursuant to the application for a qualification certificate, in relation to the eligible facility, filed with the Minister of Agriculture, Fisheries and Food before 1 April 2010, and

ii.  the installation of the eligible facility began before 1 April 2010;

“eligible facility” relating to a farming establishment means a facility to be installed in the farming establishment and in respect of which the Minister of Agriculture, Fisheries and Food has issued a qualification certificate for the purposes of this division;

“eligible taxpayer” means an individual or corporation, other than an excluded corporation;

“excluded corporation” for a taxation year means a corporation that is exempt from tax for the year under Book VIII or that would be exempt from tax for the year under section 985, but for section 192.

The expenses described in the definition of “eligible expenses” in the first paragraph do not include the expenses in respect of which an election is made under section 180 or 182 after 29 June 2006.

For the purposes of this division, the share of a member of a partnership of an amount for a fiscal period is equal to the proportion of that amount that the member’s share of the income or loss of the partnership for that fiscal period is of the income or loss of the partnership for that fiscal period, on the assumption that, if the income and loss of the partnership for that fiscal period are nil, the partnership’s income for that fiscal period is equal to $1,000,000.

2007, c. 12, s. 184.