I-3 - Taxation Act

Section 737.18.10 Disposition versions

2012-05-09

737.18.10. Subject to the third paragraph, an individual who, for all or part of a taxation year, is a foreign specialist who holds employment with an eligible employer, may deduct, in computing the individual’s taxable income for the year, an amount not greater than the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period in relation to that employment that is included in the year.

For the purposes of the first paragraph, the following rules apply:

(a)  if the individual is a member of a partnership in a taxation year, the individual’s share of the income or loss of the partnership for a fiscal period that ended in the year must be considered to be earned or sustained during the part of the year referred to in that paragraph if the fiscal period ends in that part of the year, and to be earned or sustained during another part of the year if the fiscal period ends in that other part of the year; and

(b)  if the individual includes an amount in computing the individual’s income for a taxation year under section 313.11, the amount must be considered to be income earned by the individual on the last day of that year.

An individual may deduct an amount under the first paragraph in computing the individual’s taxable income for a taxation year only if the individual encloses, with the fiscal return the individual is required to file under section 1000 for the year, a copy of the certificate that

(a)  was issued to the eligible employer for the year in respect of the individual; and

(b)  certifies that the individual is recognized as a specialist for all or part of the year;

(c)  (subparagraph repealed).

2000, c. 39, s. 49; 2004, c. 21, s. 142; 2009, c. 5, s. 252; 2012, c. 8, s. 75.

2009-05-15

737.18.10. Subject to the third paragraph, an individual who, for all or part of a taxation year, is a foreign specialist who holds employment with an eligible employer, may deduct, in computing the individual’s taxable income for the year, an amount not greater than the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period in relation to that employment that is included in the year.

For the purposes of the first paragraph, the following rules apply:

(a)  if the individual is a member of a partnership in a taxation year, the individual’s share of the income or loss of the partnership for a fiscal period that ended in the year must be considered to be earned or sustained during the part of the year referred to in that paragraph if the fiscal period ends in that part of the year, and to be earned or sustained during another part of the year if the fiscal period ends in that other part of the year; and

(b)  if the individual includes an amount in computing the individual’s income for a taxation year under section 313.11, the amount must be considered to be income earned by the individual on the last day of that year.

An individual may deduct an amount under the first paragraph in computing the individual’s taxable income for a taxation year only if the individual encloses, with the fiscal return the individual is required to file under section 1000 for the year, a copy of the certificate that

(a)  was issued to the eligible employer for the year in respect of the individual;

(b)  was not revoked in respect of all or part of the year for which the individual is a foreign specialist; and

(c)  is referred to in paragraph d of the definition of “foreign specialist” in the first paragraph of section 737.18.6.

2000, c. 39, s. 49; 2004, c. 21, s. 142; 2009, c. 5, s. 252.

2006-03-01

737.18.10. Subject to the third paragraph, an individual who, for all or part of a taxation year, is a foreign specialist who holds employment with an eligible employer, may deduct, in computing the individual’s taxable income for the year, an amount not greater than the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period in relation to that employment that is included in the year.

Where, in a taxation year, the individual is a member of a partnership, the individual’s share of the income or loss of the partnership for a fiscal period ending in the year shall be considered, for the purposes of the first paragraph, to be earned or sustained during the portion of the year referred to therein if that fiscal period ends in that portion of the year, and to be earned or sustained during another portion of the year if the fiscal period ends in that other portion of the year.

An individual may deduct an amount under the first paragraph in computing the individual’s taxable income for a taxation year only if the individual encloses, with the fiscal return the individual is required to file under section 1000 for the year, a copy of the certificate that

(a)  was issued to the eligible employer for the year in respect of the individual;

(b)  was not revoked in respect of all or part of the year for which the individual is a foreign specialist; and

(c)  is referred to in paragraph d of the definition of “foreign specialist” in the first paragraph of section 737.18.6.

2000, c. 39, s. 49; 2004, c. 21, s. 142.