A-6.002 - Tax Administration Act

Section 94.0.3.2 Disposition versions

2021-01-01

94.0.3.2. (Repealed).

2002, c. 9, s. 143; 2004, c. 21, s. 514; 2005, c. 1, s. 321; 2005, c. 38, s. 345; 2009, c. 5, s. 581; 2012, c. 8, s. 14; 2019, c. 14, s. 11.

2012-05-09

94.0.3.2. Where a person carries on a recognized business, or is a member of a partnership that carries on a recognized business, in relation to a major investment project, in the compensation period of the person or partnership, as the case may be, in relation to that major investment project, and the Minister of Finance issues the annual qualification certificate that determines the date of the beginning of the tax-free period in relation to the major investment project, the Minister of Revenue shall pay to the person an amount equal to the aggregate of

(a)  the aggregate of all amounts each of which is

i.  where the recognized business is carried on by the person, the amount determined in relation to the major investment project, for a taxation year that ends in the person’s compensation period, in relation to that major investment project, and that is determined by the formula

A × C × D, and

ii.  where the recognized business is carried on by the partnership, the amount determined, for a taxation year of the person in which a fiscal period of the partnership ending in the partnership’s compensation period ends, in relation to the major investment project, and that is determined by the formula

B × C × D;

(b)  where the recognized business is carried on

i.  by the person, the aggregate of all amounts each of which is, for a taxation year that ends in the person’s compensation period or for a 12-month period that ends in such a taxation year, the amount by which the amount of tax payable by the person for the year or the 12-month period, under Part IV, VI or VI.1 of the Taxation Act (chapter I-3), exceeds the amount of tax that would be payable by the person under that Part for the year or the 12-month period, if the person’s eligibility period for the year, in relation to the major investment project, were composed of the part of the year included in the person’s compensation period, and neither the second paragraph of sections 1138.2.2 and 1141.8 of that Act, nor sections 1170.2 and 1175.4.2 of that Act were taken into account, or

ii.  by the partnership, the aggregate of all amounts each of which is, for a taxation year of the person in which a fiscal period of the partnership ending in the partnership’s compensation period ends, the amount by which the amount of tax payable by the person for the year, under Part IV of the Taxation Act, exceeds the amount of tax that would be payable by the person under that Part for the year, if the partnership’s eligibility period for the fiscal period, in relation to the major investment project, were composed of the part of the fiscal period that is included in the partnership’s compensation period, and the second paragraph of sections 1138.2.2 and 1141.8 of that Act was not taken into account; and

(c)  where the recognized business is carried on by the person, the amount by which the amount of the contribution payable by the person under section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), in respect of the wages or amounts paid or deemed to be paid in the particular period that begins on the date of the beginning of the tax-free period of the person, in relation to the major investment project, and that ends on the last day of the calendar year that precedes the calendar year covered by the annual qualification certificate that determines that date, in relation to that major investment project, exceeds the amount of the contribution that would be payable by the person in respect of those wages or amounts under that section 34, if the particular period were entirely covered by one or more qualification certificates issued by the Minister of Finance, in relation to the major investment project, in respect of a calendar year.

In the formulas provided for in subparagraph a of the first paragraph, in relation to a person’s taxation year,

(a)  A is the amount that would be deductible by the person in computing the person’s taxable income for the taxation year under subparagraph a of the first paragraph of section 737.18.17 of the Taxation Act, if

i.  neither the condition relating to the issue of an annual qualification certificate, in the first paragraph of that section 737.18.17, nor the third paragraph of that section were taken into account,

ii.  the eligible activities, in relation to the major investment project, were the only business carried on by the person,

iii.  the person’s eligibility period for each taxation year that ends in the person’s compensation period, in relation to the major investment project, were composed of the part of the year that is included in the person’s compensation period,

iv.  subparagraphs i and ii of subparagraph a of the second paragraph of section 737.18.14 of the Taxation Act were read without reference to subparagraph 2 thereof, and

v.  where the person’s taxation year is the year that includes the date of the beginning of the tax-free period of the person, in respect of the major investment project, subparagraphs a and b of the second paragraph of that section 737.18.17 were read with the addition, after the words “the number of days in the taxation year”, of the words “in which the person carries on eligible activities in relation to the major investment project”;

(b)  B is the amount that would be deductible by the person in computing the person’s taxable income for the taxation year under subparagraph b of the first paragraph of section 737.18.17 of the Taxation Act, if

i.  neither the condition relating to the issue of an annual qualification certificate, in the first paragraph of that section 737.18.17, nor the third paragraph of that section were taken into account,

ii.  the person’s income were computed taking into account only the person’s share of the partnership’s income from eligible activities in relation to the major investment project,

iii.  the partnership’s eligibility period for each fiscal period that ends in the partnership’s compensation period, in relation to the major investment project, were composed of the part of the fiscal period that is included in the partnership’s compensation period,

iv.  subparagraphs i and ii of subparagraph a of the second paragraph of section 737.18.14 of the Taxation Act were read without reference to subparagraph 2 thereof, and

v.  where the partnership’s fiscal period is the fiscal period that includes the date of the beginning of the tax-free period of the partnership, in respect of the major investment project, subparagraphs d and e of the second paragraph of that section 737.18.17 were read with the addition, after the words “the number of days of the fiscal period”, of the words “in which the partnership carries on eligible activities in relation to the major investment project”; and

(c)  C is the amount by which the basic rate referred to in paragraph d.2 of subsection 1 of section 771 of the Taxation Act in respect of the person for the taxation year exceeds, if the person has deducted, in accordance with that paragraph d.2 and because of the fact that the person was a Canadian-controlled private corporation, within the meaning of section 1 of that Act, an amount in computing the person’s tax payable for the year under Part I of that Act,

i.  the percentage referred to for the year, in respect of the person, in that paragraph d.2 for the purpose of computing that deduction, if the percentage determined for the year under this subparagraph c is to be applied to the portion of the amount determined for the year under subparagraph a or b that does not exceed the amount by which the amount established in respect of the person for the year under section 771.2.1.2 of that Act exceeds the amount that would have been established in respect of the person for the year under that section if section 737.18.17 of that Act had applied for the year to the person relating to the major investment project, and

ii.  a nil percentage, if the percentage determined for the year under this subparagraph c is to be applied to the remaining portion of the amount determined for the year under subparagraph a or b; and

(d)  D is the proportion that the person’s business carried on in Québec is of the aggregate of the person’s business carried on in Canada or in Québec and elsewhere, as determined for the taxation year under subsection 2 of section 771 of the Taxation Act.

A person may obtain the payment to which the first paragraph refers, in relation to a taxation year or other period, only if the person applies to the Minister in prescribed form containing the prescribed information and encloses the following documents:

(a)  the financial statements, for the taxation year or fiscal period that ends in the taxation year, as the case may be, relating to the major investment project, that would be required for the purposes of section 737.18.17, 1138.2.2 or 1141.8 of the Taxation Act, to the extent that that section applies for the year for the purposes of subparagraph a or b of the first paragraph;

(b)  a copy of the unrevoked initial qualification certificate issued by the Minister of Finance to the corporation or partnership in relation to the major investment project; and

(c)  a copy of the annual qualification certificate referred to in the first paragraph.

In addition, a corporation that is exempt from tax under Book VIII of Part I of the Taxation Act, other than an insurer described in paragraph k of section 998 of that Act that is not so exempt from tax on the totality of its taxable income by reason of section 999.0.1 of that Act, shall not obtain the payment to which the first paragraph refers in relation to a major investment project, unless such a project is one in respect of which an application to obtain that payment, accompanied by the required documents, was sent to the Minister of Finance before 11 March 2003.

For the purposes of this Act, the amounts owed under the first paragraph are sums that the Minister shall refund by reason of the application of a fiscal law and an application made under the third paragraph constitutes an application for a refund. The sums shall be taken out of the tax revenues collected under the Taxation Act, except to the extent that they are attributable to subparagraph c of the first paragraph, in which case they shall be taken out of the tax revenues collected under section 34 of the Act respecting the Régie de l’assurance maladie du Québec.

2002, c. 9, s. 143; 2004, c. 21, s. 514; 2005, c. 1, s. 321; 2005, c. 38, s. 345; 2009, c. 5, s. 581; 2012, c. 8, s. 14.

2009-05-15

94.0.3.2. Where a person carries on a recognized business, or is a member of a partnership that carries on a recognized business, in relation to a major investment project, in the compensation period of the person or partnership, as the case may be, in relation to that major investment project, and the Minister of Finance issues the annual qualification certificate that determines the date of the beginning of the exemption period in relation to the major investment project, the Minister of Revenue shall pay to the person an amount equal to the aggregate of

(a)  the aggregate of all amounts each of which is

i.  where the recognized business is carried on by the person, the amount determined in relation to the major investment project, for a taxation year that ends in the person’s compensation period, in relation to that major investment project, and that is determined by the formula

A × C × D, and

ii.  where the recognized business is carried on by the partnership, the amount determined, for a taxation year of the person in which a fiscal period of the partnership ending in the partnership’s compensation period ends, in relation to the major investment project, and that is determined by the formula

B × C × D;

(b)  where the recognized business is carried on

i.  by the person, the aggregate of all amounts each of which is, for a taxation year that ends in the person’s compensation period or for a 12-month period that ends in such a taxation year, the amount by which the amount of tax payable by the person for the year or the 12-month period, under Part IV, VI or VI.1 of the Taxation Act (chapter I-3), exceeds the amount of tax that would be payable by the person under that Part for the year or the 12-month period, if the person’s eligibility period for the year, in relation to the major investment project, were composed of the part of the year included in the person’s compensation period, and neither the second paragraph of sections 1138.2.2 and 1141.8 of that Act, nor sections 1170.2 and 1175.4.2 of that Act were taken into account, or

ii.  by the partnership, the aggregate of all amounts each of which is, for a taxation year of the person in which a fiscal period of the partnership ending in the partnership’s compensation period ends, the amount by which the amount of tax payable by the person for the year, under Part IV of the Taxation Act, exceeds the amount of tax that would be payable by the person under that Part for the year, if the partnership’s eligibility period for the fiscal period, in relation to the major investment project, were composed of the part of the fiscal period that is included in the partnership’s compensation period, and the second paragraph of sections 1138.2.2 and 1141.8 of that Act was not taken into account; and

(c)  where the recognized business is carried on by the person, the amount by which the amount of the contribution payable by the person under section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), in respect of the wages or amounts paid or deemed to be paid in the particular period that begins on the date of the beginning of the exemption period of the person, in relation to the major investment project, and that ends on the last day of the calendar year that precedes the calendar year covered by the annual qualification certificate that determines that date, in relation to that major investment project, exceeds the amount of the contribution that would be payable by the person in respect of those wages or amounts under that section 34, if the particular period were entirely covered by one or more qualification certificates issued by the Minister of Finance, in relation to the major investment project, in respect of a calendar year.

In the formulas provided for in subparagraph a of the first paragraph, in relation to a person’s taxation year,

(a)  A is the amount that would be deductible by the person in computing the person’s taxable income for the taxation year under subparagraph a of the first paragraph of section 737.18.17 of the Taxation Act, if

i.  neither the condition relating to the issue of an annual qualification certificate, in the first paragraph of that section 737.18.17, nor the third paragraph of that section were taken into account,

ii.  the eligible activities, in relation to the major investment project, were the only business carried on by the person,

iii.  the person’s eligibility period for each taxation year that ends in the person’s compensation period, in relation to the major investment project, were composed of the part of the year that is included in the person’s compensation period,

iv.  subparagraphs i and ii of subparagraph a of the second paragraph of section 737.18.14 of the Taxation Act were read without reference to subparagraph 2 thereof, and

v.  where the person’s taxation year is the year that includes the date of the beginning of the exemption period of the person, in respect of the major investment project, subparagraphs a and b of the second paragraph of that section 737.18.17 were read with the addition, after the words “the number of days in the taxation year”, of the words “in which the person carries on eligible activities in relation to the major investment project”;

(b)  B is the amount that would be deductible by the person in computing the person’s taxable income for the taxation year under subparagraph b of the first paragraph of section 737.18.17 of the Taxation Act, if

i.  neither the condition relating to the issue of an annual qualification certificate, in the first paragraph of that section 737.18.17, nor the third paragraph of that section were taken into account,

ii.  the person’s income were computed taking into account only the person’s share of the partnership’s income from eligible activities in relation to the major investment project,

iii.  the partnership’s eligibility period for each fiscal period that ends in the partnership’s compensation period, in relation to the major investment project, were composed of the part of the fiscal period that is included in the partnership’s compensation period,

iv.  subparagraphs i and ii of subparagraph a of the second paragraph of section 737.18.14 of the Taxation Act were read without reference to subparagraph 2 thereof, and

v.  where the partnership’s fiscal period is the fiscal period that includes the date of the beginning of the exemption period of the partnership, in respect of the major investment project, subparagraphs d and e of the second paragraph of that section 737.18.17 were read with the addition, after the words “the number of days of the fiscal period”, of the words “in which the partnership carries on eligible activities in relation to the major investment project”; and

(c)  C is the amount by which the basic rate referred to in paragraph d.2 of subsection 1 of section 771 of the Taxation Act in respect of the person for the taxation year exceeds, if the person has deducted, in accordance with that paragraph d.2 and because of the fact that the person was a Canadian-controlled private corporation, within the meaning of section 1 of that Act, an amount in computing the person’s tax payable for the year under Part I of that Act,

i.  the percentage referred to for the year, in respect of the person, in that paragraph d.2 for the purpose of computing that deduction, if the percentage determined for the year under this subparagraph c is to be applied to the portion of the amount determined for the year under subparagraph a or b that does not exceed the amount by which the amount established in respect of the person for the year under section 771.2.1.2 of that Act exceeds the amount that would have been established in respect of the person for the year under that section if section 737.18.17 of that Act had applied for the year to the person relating to the major investment project, and

ii.  a nil percentage, if the percentage determined for the year under this subparagraph c is to be applied to the remaining portion of the amount determined for the year under subparagraph a or b; and

(d)  D is the proportion that the person’s business carried on in Québec is of the aggregate of the person’s business carried on in Canada or in Québec and elsewhere, as determined for the taxation year under subsection 2 of section 771 of the Taxation Act.

A person may obtain the payment to which the first paragraph refers, in relation to a taxation year or other period, only if the person applies to the Minister in prescribed form containing the prescribed information and encloses the following documents:

(a)  the financial statements, for the taxation year or fiscal period that ends in the taxation year, as the case may be, relating to the major investment project, that would be required for the purposes of section 737.18.17, 1138.2.2 or 1141.8 of the Taxation Act, to the extent that that section applies for the year for the purposes of subparagraph a or b of the first paragraph;

(b)  a copy of the unrevoked initial qualification certificate issued by the Minister of Finance to the corporation or partnership in relation to the major investment project; and

(c)  a copy of the annual qualification certificate referred to in the first paragraph.

In addition, a corporation that is exempt from tax under Book VIII of Part I of the Taxation Act, other than an insurer described in paragraph k of section 998 of that Act that is not so exempt from tax on the totality of its taxable income by reason of section 999.0.1 of that Act, shall not obtain the payment to which the first paragraph refers in relation to a major investment project, unless such a project is one in respect of which an application to obtain that payment, accompanied by the required documents, was sent to the Minister of Finance before 11 March 2003.

For the purposes of this Act, the amounts owed under the first paragraph are sums that the Minister shall refund by reason of the application of a fiscal law and an application made under the third paragraph constitutes an application for a refund. The sums shall be taken out of the tax revenues collected under the Taxation Act, except to the extent that they are attributable to subparagraph c of the first paragraph, in which case they shall be taken out of the tax revenues collected under section 34 of the Act respecting the Régie de l’assurance maladie du Québec.

2002, c. 9, s. 143; 2004, c. 21, s. 514; 2005, c. 1, s. 321; 2005, c. 38, s. 345; 2009, c. 5, s. 581.

2005-12-13

94.0.3.2. Where a person carries on a recognized business, or is a member of a partnership that carries on a recognized business, in relation to a major investment project, in the compensation period of the person or partnership, as the case may be, in relation to that major investment project, and the Minister of Finance issues the annual qualification certificate that determines the date of the beginning of the exemption period in relation to the major investment project, the Minister of Revenue shall pay to the person an amount equal to the aggregate of

(a)  the aggregate of all amounts each of which is

i.  where the recognized business is carried on by the person, the amount determined in relation to the major investment project, for a taxation year that ends in the person’s compensation period, in relation to that major investment project, and that is determined by the formula

A × C, and

ii.  where the recognized business is carried on by the partnership, the amount determined, for a taxation year of the person in which a fiscal period of the partnership ending in the partnership’s compensation period ends, in relation to the major investment project, and that is determined by the formula

B × C;

(b)  where the recognized business is carried on

i.  by the person, the aggregate of all amounts each of which is, for a taxation year that ends in the person’s compensation period or for a 12-month period that ends in such a taxation year, the amount by which the amount of tax payable by the person for the year or the 12-month period, under Part IV, VI or VI.1 of the Taxation Act (chapter I‐3), exceeds the amount of tax that would be payable by the person under that Part for the year or the 12-month period, if the person’s eligibility period for the year, in relation to the major investment project, were composed of the part of the year included in the person’s compensation period, and neither the second paragraph of sections 1138.2.2 and 1141.8 of that Act, nor sections 1170.2 and 1175.4.2 of that Act were taken into account, or

ii.  by the partnership, the aggregate of all amounts each of which is, for a taxation year of the person in which a fiscal period of the partnership ending in the partnership’s compensation period ends, the amount by which the amount of tax payable by the person for the year, under Part IV of the Taxation Act, exceeds the amount of tax that would be payable by the person under that Part for the year, if the partnership’s eligibility period for the fiscal period, in relation to the major investment project, were composed of the part of the fiscal period that is included in the partnership’s compensation period, and the second paragraph of sections 1138.2.2 and 1141.8 of that Act was not taken into account; and

(c)  where the recognized business is carried on by the person, the amount by which the amount of the contribution payable by the person under section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R‐5), in respect of the wages or amounts paid or deemed to be paid in the particular period that begins on the date of the beginning of the exemption period of the person, in relation to the major investment project, and that ends on the last day of the calendar year that precedes the calendar year covered by the annual qualification certificate that determines that date, in relation to that major investment project, exceeds the amount of the contribution that would be payable by the person in respect of those wages or amounts under that section 34, if the particular period were entirely covered by one or more qualification certificates issued by the Minister of Finance, in relation to the major investment project, in respect of a calendar year.

In the formulas provided for in subparagraph a of the first paragraph, in relation to a person’s taxation year,

(a)  A is the amount that would be deductible by the person in computing the person’s taxable income for the taxation year under subparagraph a of the first paragraph of section 737.18.17 of the Taxation Act, if

i.  neither the condition relating to the issue of an annual qualification certificate, in the first paragraph of that section 737.18.17, nor the third paragraph of that section were taken into account,

ii.  the eligible activities, in relation to the major investment project, were the only business carried on by the person,

iii.  the person’s eligibility period for each taxation year that ends in the person’s compensation period, in relation to the major investment project, were composed of the part of the year that is included in the person’s compensation period,

iv.  subparagraphs i and ii of subparagraph a of the second paragraph of section 737.18.14 of the Taxation Act were read without reference to subparagraph 2 thereof, and

v.  where the person’s taxation year is the year that includes the date of the beginning of the exemption period of the person, in respect of the major investment project, subparagraphs a and b of the second paragraph of that section 737.18.17 were read with the addition, after the words “the number of days in the taxation year”, of the words “in which the person carries on eligible activities in relation to the major investment project”;

(b)  B is the amount that would be deductible by the person in computing the person’s taxable income for the taxation year under subparagraph b of the first paragraph of section 737.18.17 of the Taxation Act, if

i.  neither the condition relating to the issue of an annual qualification certificate, in the first paragraph of that section 737.18.17, nor the third paragraph of that section were taken into account,

ii.  the person’s income were computed taking into account only the person’s share of the partnership’s income from eligible activities in relation to the major investment project,

iii.  the partnership’s eligibility period for each fiscal period that ends in the partnership’s compensation period, in relation to the major investment project, were composed of the part of the fiscal period that is included in the partnership’s compensation period,

iv.  subparagraphs i and ii of subparagraph a of the second paragraph of section 737.18.14 of the Taxation Act were read without reference to subparagraph 2 thereof, and

v.  where the partnership’s fiscal period is the fiscal period that includes the date of the beginning of the exemption period of the partnership, in respect of the major investment project, subparagraphs d and e of the second paragraph of that section 737.18.17 were read with the addition, after the words “the number of days of the fiscal period”, of the words “in which the partnership carries on eligible activities in relation to the major investment project”; and

(c)  C is the amount by which the percentage referred to for the taxation year in the portion of paragraph d.2 of subsection 1 of section 771 of the Taxation Act before subparagraph i, exceeds the total of

i.  the percentage referred to for the year, in respect of the person, in subparagraph i of that paragraph d.2, and

ii.  where the person has deducted, under subparagraph ii of that paragraph d.2, an amount in computing the person’s tax payable for the year under Part I of that Act,

(1)  the percentage referred to for the year, in respect of the person, in that subparagraph ii, if the percentage determined for the year under this subparagraph is to be applied to the portion of the amount determined for the year under subparagraph a or b that does not exceed the amount by which the amount established in respect of the person for the year under section 771.2.1.2 of that Act exceeds the amount that would have been established in respect of the person for the year under that section if section 737.18.17 of that Act had applied for the year to the person relating to the major investment project, and

(2)  a nil percentage, if the percentage determined for the year under this subparagraph is to be applied to the remaining portion of the amount determined for the year under subparagraph a or b.

A person may obtain the payment to which the first paragraph refers, in relation to a taxation year or other period, only if the person applies to the Minister in prescribed form containing the prescribed information and encloses the following documents:

(a)  the financial statements, for the taxation year or fiscal period that ends in the taxation year, as the case may be, relating to the major investment project, that would be required for the purposes of section 737.18.17, 1138.2.2 or 1141.8 of the Taxation Act, to the extent that that section applies for the year for the purposes of subparagraph a or b of the first paragraph;

(b)  a copy of the unrevoked initial qualification certificate issued by the Minister of Finance to the corporation or partnership in relation to the major investment project; and

(c)  a copy of the annual qualification certificate referred to in the first paragraph.

In addition, a corporation that is exempt from tax under Book VIII of Part I of the Taxation Act, other than an insurer described in paragraph k of section 998 of that Act that is not so exempt from tax on the totality of its taxable income by reason of section 999.0.1 of that Act, shall not obtain the payment to which the first paragraph refers in relation to a major investment project, unless such a project is one in respect of which an application to obtain that payment, accompanied by the required documents, was sent to the Minister of Finance before 11 March 2003.

For the purposes of this Act, the amounts owed under the first paragraph are sums that the Minister shall refund by reason of the application of a fiscal law and an application made under the third paragraph constitutes an application for a refund. The sums shall be taken out of the tax revenues collected under the Taxation Act, except to the extent that they are attributable to subparagraph c of the first paragraph, in which case they shall be taken out of the tax revenues collected under section 34 of the Act respecting the Régie de l’assurance maladie du Québec.

2002, c. 9, s. 143; 2004, c. 21, s. 514; 2005, c. 1, s. 321; 2005, c. 38, s. 345.

2005-03-17

94.0.3.2. Where a person carries on a recognized business, or is a member of a partnership that carries on a recognized business, in relation to a major investment project, in the compensation period of the person or partnership, as the case may be, in relation to that major investment project, and the Minister of Finance issues the annual qualification certificate that determines the date of the beginning of the exemption period in relation to the major investment project, the Minister of Revenue shall pay to the person an amount equal to the aggregate of

(a)  the aggregate of all amounts each of which is

i.  where the recognized business is carried on by the person, the amount determined in relation to the major investment project, for a taxation year that ends in the person’s compensation period, in relation to that major investment project, and that is determined by the formula

A × C, and

ii.  where the recognized business is carried on by the partnership, the amount determined, for a taxation year of the person in which a fiscal period of the partnership ending in the partnership’s compensation period ends, in relation to the major investment project, and that is determined by the formula

B × C;

(b)  where the recognized business is carried on

i.  by the person, the aggregate of all amounts each of which is, for a taxation year that ends in the person’s compensation period or for a 12-month period that ends in such a taxation year, the amount by which the amount of tax payable by the person for the year or the 12-month period, under Part IV, VI or VI.1 of the Taxation Act (chapter I-3), exceeds the amount of tax that would be payable by the person under that Part for the year or the 12-month period, if the person’s eligibility period for the year, in relation to the major investment project, were composed of the part of the year included in the person’s compensation period, and neither the second paragraph of sections 1138.2.2 and 1141.8 of that Act, nor sections 1170.2 and 1175.4.2 of that Act were taken into account, or

ii.  by the partnership, the aggregate of all amounts each of which is, for a taxation year of the person in which a fiscal period of the partnership ending in the partnership’s compensation period ends, the amount by which the amount of tax payable by the person for the year, under Part IV of the Taxation Act, exceeds the amount of tax that would be payable by the person under that Part for the year, if the partnership’s eligibility period for the fiscal period, in relation to the major investment project, were composed of the part of the fiscal period that is included in the partnership’s compensation period, and the second paragraph of sections 1138.2.2 and 1141.8 of that Act was not taken into account; and

(c)  where the recognized business is carried on by the person, the amount by which the amount of the contribution payable by the person under section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), in respect of the wages or amounts paid or deemed to be paid in the particular period that begins on the date of the beginning of the exemption period of the person, in relation to the major investment project, and that ends on the last day of the calendar year that precedes the calendar year covered by the annual qualification certificate that determines that date, in relation to that major investment project, exceeds the amount of the contribution that would be payable by the person in respect of those wages or amounts under that section 34, if the particular period were entirely covered by one or more qualification certificates issued by the Minister of Finance, in relation to the major investment project, in respect of a calendar year.

In the formulas provided for in subparagraph a of the first paragraph, in relation to a person’s taxation year,

(a)  A is the amount that would be deductible by the person in computing the person’s taxable income for the taxation year under subparagraph a of the first paragraph of section 737.18.17 of the Taxation Act, if

i.  neither the condition relating to the issue of an annual qualification certificate, in the first paragraph of that section 737.18.17, nor the third paragraph of that section were taken into account,

ii.  the eligible activities, in relation to the major investment project, were the only business carried on by the person,

iii.  the person’s eligibility period for each taxation year that ends in the person’s compensation period, in relation to the major investment project, were composed of the part of the year that is included in the person’s compensation period,

iv.  subparagraphs i and ii of subparagraph a of the second paragraph of section 737.18.14 of the Taxation Act were read without reference to subparagraph 2 thereof, and

v.  where the person’s taxation year is the year that includes the date of the beginning of the exemption period of the person, in respect of the major investment project, subparagraphs a and b of the second paragraph of that section 737.18.17 were read with the addition, after the words “the number of days in the taxation year”, of the words “in which the person carries on eligible activities in relation to the major investment project”;

(b)  B is the amount that would be deductible by the person in computing the person’s taxable income for the taxation year under subparagraph b of the first paragraph of section 737.18.17 of the Taxation Act, if

i.  neither the condition relating to the issue of an annual qualification certificate, in the first paragraph of that section 737.18.17, nor the third paragraph of that section were taken into account,

ii.  the person’s income were computed taking into account only the person’s share of the partnership’s income from eligible activities in relation to the major investment project,

iii.  the partnership’s eligibility period for each fiscal period that ends in the partnership’s compensation period, in relation to the major investment project, were composed of the part of the fiscal period that is included in the partnership’s compensation period,

iv.  subparagraphs i and ii of subparagraph a of the second paragraph of section 737.18.14 of the Taxation Act were read without reference to subparagraph 2 thereof, and

v.  where the partnership’s fiscal period is the fiscal period that includes the date of the beginning of the exemption period of the partnership, in respect of the major investment project, subparagraphs d and e of the second paragraph of that section 737.18.17 were read with the addition, after the words “the number of days of the fiscal period”, of the words “in which the partnership carries on eligible activities in relation to the major investment project”; and

(c)  C is the amount by which the first rate referred to, in respect of the taxation year, in the portion of paragraph d.2 of subsection 1 of section 771 of the Taxation Act before subparagraph i, exceeds the second rate referred to, in respect of the year, in that portion of that paragraph d.2.

A person may obtain the payment to which the first paragraph refers, in relation to a taxation year or other period, only if the person applies to the Minister in prescribed form containing the prescribed information and encloses the following documents:

(a)  the financial statements, for the taxation year or fiscal period that ends in the taxation year, as the case may be, relating to the major investment project, that would be required for the purposes of section 737.18.17, 1138.2.2 or 1141.8 of the Taxation Act, to the extent that that section applies for the year for the purposes of subparagraph a or b of the first paragraph;

(b)  a copy of the unrevoked initial qualification certificate issued by the Minister of Finance to the corporation or partnership in relation to the major investment project; and

(c)  a copy of the annual qualification certificate referred to in the first paragraph.

In addition, a corporation that is exempt from tax under Book VIII of Part I of the Taxation Act, other than an insurer described in paragraph k of section 998 of that Act that is not so exempt from tax on the totality of its taxable income by reason of section 999.0.1 of that Act, shall not obtain the payment to which the first paragraph refers in relation to a major investment project, unless such a project is one in respect of which an application to obtain that payment, accompanied by the required documents, was sent to the Minister of Finance before 11 March 2003.

For the purposes of this Act, the amounts owed under the first paragraph are sums that the Minister shall refund by reason of the application of a fiscal law and an application made under the third paragraph constitutes an application for a refund. The sums shall be taken out of the tax revenues collected under the Taxation Act, except to the extent that they are attributable to subparagraph c of the first paragraph, in which case they shall be taken out of the tax revenues collected under section 34 of the Act respecting the Régie de l’assurance maladie du Québec.

2002, c. 9, s. 143; 2004, c. 21, s. 514; 2005, c. 1, s. 321.

2004-11-03

94.0.3.2. Where a person carries on a recognized business, or is a member of a partnership that carries on a recognized business, in relation to a major investment project, in the compensation period of the person or partnership, as the case may be, in relation to that major investment project, and the Minister of Finance issues the annual qualification certificate that determines the date of the beginning of the exemption period in relation to the major investment project, the Minister of Revenue shall pay to the person an amount equal to the aggregate of

(a)  the aggregate of all amounts each of which is

i.  where the recognized business is carried on by the person, the amount determined in relation to the major investment project, for a taxation year that ends in the person’s compensation period, in relation to that major investment project, and that is determined by the formula

A × C, and

ii.  where the recognized business is carried on by the partnership, the amount determined, for a taxation year of the person in which a fiscal period of the partnership ending in the partnership’s compensation period ends, in relation to the major investment project, and that is determined by the formula

B × C;

(b)  where the recognized business is carried on

i.  by the person, the aggregate of all amounts each of which is, for a taxation year that ends in the person’s compensation period or for a 12-month period that ends in such a taxation year, the amount by which the amount of tax payable by the person for the year or the 12-month period, under Part IV, VI or VI.1 of the Taxation Act (chapter I-3), exceeds the amount of tax that would be payable by the person under that Part for the year or the 12-month period, if the person’s eligibility period for the year, in relation to the major investment project, were composed of the part of the year included in the person’s compensation period, and neither the second paragraph of sections 1138.2.2 and 1141.8 of that Act, nor sections 1170.2 and 1175.4.2 of that Act were taken into account, or

ii.  by the partnership, the aggregate of all amounts each of which is, for a taxation year of the person in which a fiscal period of the partnership ending in the partnership’s compensation period ends, the amount by which the amount of tax payable by the person for the year, under Part IV of the Taxation Act, exceeds the amount of tax that would be payable by the person under that Part for the year, if the partnership’s eligibility period for the fiscal period, in relation to the major investment project, were composed of the part of the fiscal period that is included in the partnership’s compensation period, and the second paragraph of sections 1138.2.2 and 1141.8 of that Act was not taken into account; and

(c)  where the recognized business is carried on by the person, the amount by which the amount of the contribution payable by the person under section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), in respect of the wages or amounts paid or deemed to be paid in the particular period that begins on the date of the beginning of the exemption period of the person, in relation to the major investment project, and that ends on the last day of the calendar year that precedes the calendar year covered by the annual qualification certificate that determines that date, in relation to that major investment project, exceeds the amount of the contribution that would be payable by the person in respect of those wages or amounts under that section 34, if the particular period were entirely covered by one or more qualification certificates issued by the Minister of Finance, in relation to the major investment project, in respect of a calendar year.

In the formulas provided for in subparagraph a of the first paragraph, in relation to a person’s taxation year,

(a)  A is the amount that would be deductible by the person in computing the person’s taxable income for the taxation year under subparagraph a of the first paragraph of section 737.18.17 of the Taxation Act, if

i.  neither the condition relating to the issue of an annual qualification certificate, in the first paragraph of that section 737.18.17, nor the third paragraph of that section were taken into account,

ii.  the eligible activities, in relation to the major investment project, were the only business carried on by the person,

iii.  the person’s eligibility period for each taxation year that ends in the person’s compensation period, in relation to the major investment project, were composed of the part of the year that is included in the person’s compensation period,

iv.  subparagraphs i and ii of subparagraph a of the second paragraph of section 737.18.14 of the Taxation Act were read without reference to subparagraph 2 thereof, and

v.  where the person’s taxation year is the year that includes the date of the beginning of the exemption period of the person, in respect of the major investment project, subparagraphs a and b of the second paragraph of that section 737.18.17 were read with the addition, after the words “the number of days in the taxation year”, of the words “in which the person carries on eligible activities in relation to the major investment project”;

(b)  B is the amount that would be deductible by the person in computing the person’s taxable income for the taxation year under subparagraph b of the first paragraph of section 737.18.17 of the Taxation Act, if

i.  neither the condition relating to the issue of an annual qualification certificate, in the first paragraph of that section 737.18.17, nor the third paragraph of that section were taken into account,

ii.  the person’s income were computed taking into account only the person’s share of the partnership’s income from eligible activities in relation to the major investment project,

iii.  the partnership’s eligibility period for each fiscal period that ends in the partnership’s compensation period, in relation to the major investment project, were composed of the part of the fiscal period that is included in the partnership’s compensation period,

iv.  subparagraphs i and ii of subparagraph a of the second paragraph of section 737.18.14 of the Taxation Act were read without reference to subparagraph 2 thereof, and

v.  where the partnership’s fiscal period is the fiscal period that includes the date of the beginning of the exemption period of the partnership, in respect of the major investment project, subparagraphs d and e of the second paragraph of that section 737.18.17 were read with the addition, after the words “the number of days of the fiscal period”, of the words “in which the partnership carries on eligible activities in relation to the major investment project”; and

(c)  C is the amount by which the first rate referred to, in respect of the taxation year, in the portion of paragraph d.2 of subsection 1 of section 771 of the Taxation Act before subparagraph i, exceeds the second rate referred to, in respect of the year, in that portion of that paragraph d.2.

A person may obtain the payment to which the first paragraph refers, in relation to a taxation year or other period, only if the person applies to the Minister in prescribed form containing the prescribed information and encloses the following documents:

(a)  the financial statements, for the taxation year or fiscal period that ends in the taxation year, as the case may be, relating to the major investment project, that would be required for the purposes of section 737.18.17, 1138.2.2 or 1141.8 of the Taxation Act, to the extent that that section applies for the year for the purposes of subparagraph a or b of the first paragraph;

(b)  a copy of the unrevoked initial qualification certificate issued by the Minister of Finance to the corporation or partnership in relation to the major investment project; and

(c)  a copy of the annual qualification certificate referred to in the first paragraph.

For the purposes of this Act, the amounts owed under the first paragraph are sums that the Minister shall refund by reason of the application of a fiscal law and an application made under the third paragraph constitutes an application for a refund. The sums shall be taken out of the tax revenues collected under the Taxation Act, except to the extent that they are attributable to subparagraph c of the first paragraph, in which case they shall be taken out of the tax revenues collected under section 34 of the Act respecting the Régie de l’assurance maladie du Québec.

2002, c. 9, s. 143; 2004, c. 21, s. 514.

2002-06-08

94.0.3.2. Where a person carries on a recognized business, or is a member of a partnership that carries on a recognized business, in relation to a major investment project, in the compensation period of the person or partnership, as the case may be, in relation to that major investment project, and the Minister of Finance issues the annual qualification certificate that determines the date of the beginning of the exemption period in relation to the major investment project, the Minister of Revenue shall pay to the person an amount equal to the aggregate of

(a)  the aggregate of all amounts each of which is

i.  where the recognized business is carried on by the person, the amount determined in relation to the major investment project, for a taxation year that ends in the person’s compensation period, in relation to that major investment project, and that is determined by the formula

A × C, and

ii.  where the recognized business is carried on by the partnership, the amount determined, for a taxation year of the person in which a fiscal period of the partnership ending in the partnership’s compensation period ends, in relation to the major investment project, and that is determined by the formula

B × C;

(b)  where the recognized business is carried on

i.  by the person, the aggregate of all amounts each of which is, for a taxation year that ends in the person’s compensation period or for a 12-month period that ends in such a taxation year, the amount by which the amount of tax payable by the person for the year or the 12-month period, under Part IV, VI or VI.1 of the Taxation Act (chapter I-3), exceeds the amount of tax that would be payable by the person under that Part for the year or the 12-month period, if the person’s eligibility period for the year, in relation to the major investment project, were composed of the part of the year included in the person’s compensation period, and neither the second paragraph of sections 1138.2.2 and 1141.8 of that Act, nor sections 1170.2 and 1175.4.2 of that Act were taken into account, or

ii.  by the partnership, the aggregate of all amounts each of which is, for a taxation year of the person in which a fiscal period of the partnership ending in the partnership’s compensation period ends, the amount by which the amount of tax payable by the person for the year, under Part IV of the Taxation Act, exceeds the amount of tax that would be payable by the person under that Part for the year, if the partnership’s eligibility period for the fiscal period, in relation to the major investment project, were composed of the part of the fiscal period that is included in the partnership’s compensation period, and the second paragraph of sections 1138.2.2 and 1141.8 of that Act was not taken into account; and

(c)  where the recognized business is carried on by the person, the amount by which the amount of the contribution payable by the person under section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), in respect of the wages or amounts paid or deemed to be paid in the particular period that begins on the date of the beginning of the exemption period of the person, in relation to the major investment project, and that ends on the last day of the calendar year that precedes the calendar year covered by the annual qualification certificate that determines that date, in relation to that major investment project, exceeds the amount of the contribution that would be payable by the person in respect of those wages or amounts under that section 34, if the particular period were entirely covered by one or more qualification certificates issued by the Minister of Finance, in relation to the major investment project, in respect of a calendar year.

In the formulas provided for in subparagraph a of the first paragraph, in relation to a person’s taxation year,

(a)  A is the amount that would be deductible by the person in computing the person’s taxable income for the taxation year under subparagraph a of the first paragraph of section 737.18.17 of the Taxation Act, if

i.  neither the condition relating to the issue of an annual qualification certificate, in the first paragraph of that section 737.18.17, nor the third paragraph of that section were taken into account,

ii.  the eligible activities, in relation to the major investment project, were the only business carried on by the person,

iii.  the person’s eligibility period for each taxation year that ends in the person’s compensation period, in relation to the major investment project, were composed of the part of the year that is included in the person’s compensation period,

iv.  subparagraphs i and ii of subparagraph a of the second paragraph of section 737.18.14 of the Taxation Act were read without reference to subparagraph 2 thereof, and

v.  where the person’s taxation year is the year that includes the date of the beginning of the exemption period of the person, in respect of the major investment project, subparagraphs a and b of the second paragraph of that section 737.18.17 were read with the addition, after the words “the number of days in the taxation year”, of the words “in which the person carries on eligible activities in relation to the major investment project”;

(b)  B is the amount that would be deductible by the person in computing the person’s taxable income for the taxation year under subparagraph b of the first paragraph of section 737.18.17 of the Taxation Act, if

i.  neither the condition relating to the issue of an annual qualification certificate, in the first paragraph of that section 737.18.17, nor the third paragraph of that section were taken into account,

ii.  the person’s income were computed taking into account only the person’s share of the partnership’s income from eligible activities in relation to the major investment project,

iii.  the partnership’s eligibility period for each fiscal period that ends in the partnership’s compensation period, in relation to the major investment project, were composed of the part of the fiscal period that is included in the partnership’s compensation period,

iv.  subparagraphs i and ii of subparagraph a of the second paragraph of section 737.18.14 of the Taxation Act were read without reference to subparagraph 2 thereof, and

v.  where the partnership’s fiscal period is the fiscal period that includes the date of the beginning of the exemption period of the partnership, in respect of the major investment project, subparagraphs d and e of the second paragraph of that section 737.18.17 were read with the addition, after the words “the number of days of the fiscal period”, of the words “in which the partnership carries on eligible activities in relation to the major investment project”; and

(c)  C is the amount by which the rate determined, in respect of the taxation year, in the portion of paragraph d.2 of subsection 1 of section 771 of the Taxation Act before subparagraph i, exceeds the total of the rate determined, in respect of the year, in that subparagraph i and, where the person is a savings and credit union, within the meaning of section 797 of that Act, the rate determined, in respect of the year, in subparagraph ii of that paragraph d.2.

A person may obtain the payment to which the first paragraph refers, in relation to a taxation year or other period, only if the person applies to the Minister in prescribed form containing the prescribed information and encloses the following documents:

(a)  the financial statements, for the taxation year or fiscal period that ends in the taxation year, as the case may be, relating to the major investment project, that would be required for the purposes of section 737.18.17, 1138.2.2 or 1141.8 of the Taxation Act, to the extent that that section applies for the year for the purposes of subparagraph a or b of the first paragraph;

(b)  a copy of the unrevoked initial qualification certificate issued by the Minister of Finance to the corporation or partnership in relation to the major investment project; and

(c)  a copy of the annual qualification certificate referred to in the first paragraph.

For the purposes of this Act, the amounts owed under the first paragraph are sums that the Minister shall refund by reason of the application of a fiscal law and an application made under the third paragraph constitutes an application for a refund. The sums shall be taken out of the tax revenues collected under the Taxation Act, except to the extent that they are attributable to subparagraph c of the first paragraph, in which case they shall be taken out of the tax revenues collected under section 34 of the Act respecting the Régie de l’assurance maladie du Québec.

2002, c. 9, s. 143.