I-3 - Taxation Act

Section 1029.8.19.14.1 Disposition versions

2021-12-10

1029.8.19.14.1. For the purpose of computing the amount that a taxpayer who is a member of a partnership is deemed to have paid to the Minister for a taxation year in which a fiscal period of the partnership that begins after 10 March 2020 ends, under section 1029.8 or 1029.8.9.0.4 (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 the taxpayer’s share 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 1029.8 and that is included in the partnership’s reducible expenditures for the fiscal period, determined with reference to subdivisions 2, 4 and 6, is to be reduced by the lesser of the taxpayer’s share of the exclusion threshold applicable to the partnership for the fiscal period and the aggregate of those amounts for the fiscal period; and

(b)  the aggregate of all amounts each of which is the amount of the taxpayer’s share 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 partnership that are undertaken by the eligible research consortium in Québec, before 11 March 2020, in its fiscal period ending in the partnership’s fiscal period and that is included in the partnership’s reducible expenditures for the fiscal period, determined with reference to subdivisions 2, 4 and 6, is to be reduced by the lesser of the taxpayer’s share of the exclusion threshold applicable to the partnership for the fiscal period and the aggregate of those amounts for the fiscal period.

Where the amount of a partnership’s reducible expenditures for a fiscal period is greater than the exclusion threshold applicable to the partnership for the fiscal period and a taxpayer who is a member of the partnership may be deemed, but for this subdivision, to have paid two or more amounts to the Minister for the taxation year in which that fiscal period ends under sections 1029.8, 1029.8.7, 1029.8.9.0.4 and 1029.8.16.1.5 in relation to the partnership, the taxpayer’s share of the exclusion threshold applicable to the partnership for the fiscal period that ends in 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 applicable to the partnership for the fiscal period that ends in the year;

(b)  B is the aggregate of all amounts each of which is the taxpayer’s share of an amount included in the partnership’s reducible expenditures for the fiscal period that ends in 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 1029.8, or under paragraph c of that definition, where the particular provision is section 1029.8.9.0.4; and

(c)  C is the partnership’s reducible expenditures for the fiscal period that ends in the year.

For the purposes of this section, the taxpayer’s share of an amount is equal to the agreed proportion of the amount in respect of the taxpayer for the partnership’s fiscal period that ends in the taxpayer’s taxation year.

2021, c. 14, s. 129; 2021, c. 36, s. 108.

2021-06-02

1029.8.19.14.1. For the purpose of computing the amount that a taxpayer who is a member of a partnership is deemed to have paid to the Minister for a taxation year in which a fiscal period of the partnership that begins after 10 March 2020 ends, under section 1029.8, the aggregate of all amounts each of which is the amount of the taxpayer’s share 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 1029.8 and that is included in the partnership’s reducible expenditures for the fiscal period, determined with reference to subdivisions 2, 4 and 6, is to be reduced by the lesser of the taxpayer’s share of the exclusion threshold applicable to the partnership for the fiscal period and the aggregate of those amounts for the fiscal period.

For the purposes of the first paragraph, where the amount of a partnership’s reducible expenditures for a fiscal period is greater than the exclusion threshold applicable to the partnership for the fiscal period and a taxpayer who is a member of the partnership may be deemed to have paid an amount to the Minister for the taxation year in which that fiscal period ends under section 1029.8, but for this subdivision, and any of sections 1029.8.7, 1029.8.9.0.4 and 1029.8.16.1.5 in relation to the partnership, the taxpayer’s share of the exclusion threshold applicable to the partnership for the fiscal period that ends in 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 applicable to the partnership for the fiscal period that ends in the year;

(b)  B is the aggregate of all amounts each of which is the taxpayer’s share of 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 partnership for the fiscal period that ends in the year; and

(c)  C is the partnership’s reducible expenditures for the fiscal period that ends in the year.

For the purposes of this section, the taxpayer’s share of an amount is equal to the agreed proportion of the amount in respect of the taxpayer for the partnership’s fiscal period that ends in the taxpayer’s taxation year.

2021, c. 14, s. 129.