R-5 - Act respecting the Régie de l’assurance maladie du Québec

Section 34.1.0.2 Disposition versions

2022-06-08

34.1.0.2. (Repealed).

2010, c. 25, s. 240; 2022, c. 23, s. 170.

2010-10-27

34.1.0.2. The aggregate of all amounts each of which is a contribution that, under the sixth paragraph of section 34, is not payable by an employer for a taxation year may not exceed the balance of the employer’s tax assistance limit for the year.

For the purposes of the first paragraph, the balance of an employer’s tax assistance limit for a taxation year is equal to the amount by which the employer’s tax assistance limit for the year, determined under section 1029.8.36.72.82.1.1 of the Taxation Act (chapter I-3), exceeds the aggregate of

(a)  the aggregate of the following amounts that is multiplied, if the employer has an establishment situated outside Québec, by the proportion that the employer’s business carried on in Québec is of the aggregate of the employer’s business carried on in Canada or in Québec and elsewhere, as determined under subsection 2 of section 771 of the Taxation Act:

i.  8% of the lesser of the amount the employer deducts in computing the employer’s taxable income for the year under section 737.18.26 of the Taxation Act and the amount by which the amount that would be determined in respect of the employer for the year under section 771.2.1.2 of that Act if no reference were made to section 771.2.6 of that Act and if, for the purposes of paragraph b of section 771.2.1.2 of that Act, the employer’s taxable income for the year, for the purposes of Part I of that Act, were computed without reference to section 737.18.26 of that Act, exceeds the amount that would be determined in respect of the employer for the year under section 771.2.1.2 of that Act if, in computing the employer’s taxable income, the employer were to deduct all of the amount that, but for section 737.18.26.1 of that Act, would be determined under section 737.18.26 of that Act, and

ii.  11.9% of the amount by which the amount that the employer deducts in computing the employer’s taxable income for the year under section 737.18.26 of the Taxation Act, exceeds the excess amount determined in subparagraph i;

(b)  the amount that the employer is deemed to have paid to the Minister of Revenue for the year under subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3 of the Taxation Act; and

(c)  the amount of tax that would be payable by the employer under Part IV of the Taxation Act for the year if the employer’s paid-up capital for the purposes of that Part were equal to the amount that the employer deducted for the year under section 1138.2.3 of that Act, that is multiplied, if the employer has an establishment situated outside Québec, by the proportion that the employer’s business carried on in Québec is of the aggregate of the employer’s business carried on in Canada or in Québec and elsewhere, as determined under subsection 2 of section 771 of that Act.

2010, c. 25, s. 240.