I-3 - Taxation Act

Section 1029.8.19.13.1 Disposition versions

2021-12-10

1029.8.19.13.1. For the purpose of computing the amount that a taxpayer is deemed to have paid to the Minister for a taxation year that begins after 10 March 2020, under section 1029.7 or 1029.8.9.0.3 (each of which is referred to in this section as the “particular provision”), the following rules apply:

(a)  the aggregate of all amounts each of which is the amount of wages that are, or of a portion of a consideration that is, referred to in any of subparagraphs a to i of the first paragraph of section 1029.7 and that is included in the taxpayer’s reducible expenditures for the year, determined with reference to subdivisions 2, 4 and 6, is to be reduced by the lesser of the exclusion threshold applicable to the taxpayer for the year and the aggregate of those amounts for the year;

(b)  the aggregate of all amounts each of which is the amount of an eligible fee or eligible fee balance, within the meaning assigned to those expressions by section 1029.8.9.0.2, that may reasonably be considered to be attributable to expenditures made by an eligible research consortium for scientific research and experimental development related to a business of the taxpayer that are undertaken by the eligible research consortium in Québec, before 11 March 2020, in its fiscal period ending in the taxpayer’s taxation year and that is included in the taxpayer’s reducible expenditures for the year, determined with reference to subdivisions 2, 4 and 6, is to be reduced by the lesser of the exclusion threshold applicable to the taxpayer for the year and the aggregate of those amounts for the year; and

(c)  where the taxpayer is a corporation, the taxpayer’s expenditure limit for the year, determined for the purposes of section 1029.7.2 or 1029.8.9.0.3.1, is to be reduced by the amount of the reduction, determined for the year in respect of the taxpayer under subparagraph a or b, that relates to that expenditure limit.

Where the amount of a taxpayer’s reducible expenditures for a taxation year is greater than the exclusion threshold applicable to the taxpayer for the year and the taxpayer may be deemed, but for this subdivision, to have paid two or more amounts to the Minister for the year under sections 1029.7, 1029.8.6, 1029.8.9.0.3 and 1029.8.16.1.4, the exclusion threshold applicable to the taxpayer for the year is deemed, for the purposes of subparagraphs a and b of the first paragraph, to be equal to the amount determined, in relation to each particular provision, by the formula

A × B/C.

In the formula in the second paragraph,

(a)  A is the exclusion threshold that would otherwise be applicable to the taxpayer for the year;

(b)  B is the aggregate of all amounts each of which is an amount included in the taxpayer’s reducible expenditures for the year under paragraph a of the definition of “reducible expenditures” in the first paragraph of section 1029.8.19.8, where the particular provision is section 1029.7, or under paragraph c of that definition, where the particular provision is section 1029.8.9.0.3; and

(c)  C is the taxpayer’s reducible expenditures for the year.

2021, c. 14, s. 127; 2021, c. 36, s. 107.

2021-06-02

1029.8.19.13.1. For the purpose of computing the amount that a taxpayer is deemed to have paid to the Minister for a taxation year that begins after 10 March 2020, under section 1029.7, the following rules apply:

(a)  the aggregate of all amounts each of which is the amount of wages that are, or of a portion of a consideration that is, referred to in any of subparagraphs a to i of the first paragraph of section 1029.7 and that is included in the taxpayer’s reducible expenditures for the year, determined with reference to subdivisions 2, 4 and 6, is to be reduced by the lesser of the exclusion threshold applicable to the taxpayer for the year and the aggregate of those amounts for the year; and

(b)  where the taxpayer is a corporation, the taxpayer’s expenditure limit for the year, determined for the purposes of section 1029.7.2, is to be reduced by the amount of the reduction, determined for the year in respect of the taxpayer under subparagraph a.

For the purposes of the first paragraph, where the amount of a taxpayer’s reducible expenditures for a taxation year is greater than the exclusion threshold applicable to the taxpayer for the year and the taxpayer may be deemed to have paid an amount to the Minister for the year under section 1029.7, but for this subdivision, and any of sections 1029.8.6, 1029.8.9.0.3 and 1029.8.16.1.4, the exclusion threshold applicable to the taxpayer for the year is deemed to be equal to the amount determined by the formula

A × B/C.

In the formula in the second paragraph,

(a)  A is the exclusion threshold that would otherwise be applicable to the taxpayer for the year;

(b)  B is the aggregate of all amounts each of which is an expenditure—referred to in paragraph a of the definition of “reducible expenditures” in the first paragraph of section 1029.8.19.8—of the taxpayer for the year; and

(c)  C is the taxpayer’s reducible expenditures for the year.

2021, c. 14, s. 127.