I-3 - Taxation Act

Section 1029.8.21.42 Disposition versions

2009-06-04

1029.8.21.42. (Repealed).

2001, c. 51, s. 103; 2003, c. 9, s. 192; 2009, c. 15, s. 224.

2006-03-01

1029.8.21.42. A qualified corporation that, for a taxation year, encloses the prescribed form containing the prescribed information with its fiscal return it is required to file for the year under section 1000 and, where the qualified corporation is a member of an associated group at the end of the year, the agreement referred to in section 1029.8.21.43 in prescribed form, is deemed, subject to the second paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for the year, on account of its tax payable for that year under this Part, an amount equal to the lesser of

(a)  40% of the aggregate of

i.  the aggregate of all amounts each of which is the qualified corporation’s eligible production expenditure for the year in respect of an eligible e-commerce solution in relation to a business the qualified corporation carries on in Québec, and

ii.  the qualified corporation’s deemed expenditure for the year; and

(b)  where the qualified corporation is a member of an associated group at the end of the year, the amount attributed to it for the year pursuant to the agreement referred to in section 1029.8.21.43 or, in any other case, the amount by which $40,000 exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister,

i.  under this section or section 1029.8.21.44,

(1)  by the qualified corporation for a preceding taxation year,

(2)  where the qualified corporation is a member of an associated group in the year, by another member corporation of the group, for a particular taxation year of the other corporation ending in the year or for a taxation year of the other corporation preceding that particular taxation year, or

(3)  where the qualified corporation was a member of an associated group in a preceding taxation year, by another corporation, other than a corporation referred to in subparagraph 2, that is a member of the group, for a particular taxation year of the other corporation ending in that preceding taxation year or for a taxation year of the other corporation preceding that particular taxation year, or

ii.  under section 1029.8.21.44,

(1)  by the qualified corporation for the year,

(2)  where the qualified corporation is a member of an associated group in the year, by another corporation, other than a corporation referred to in subparagraph 2 or 3 of subparagraph i, that is a member of a partnership that is a member of the group, at the end of a fiscal period of the partnership, for a particular taxation year of the other corporation ending in the year and in which that fiscal period of the partnership ends, or for a taxation year of the other corporation preceding that particular taxation year and in which a fiscal period of the partnership ends, or

(3)  where the qualified corporation was a member of an associated group in a preceding taxation year, by another corporation, other than a corporation referred to in subparagraph 2 or subparagraph 2 or 3 of subparagraph i, that is a member of a partnership that is a member of the group, at the end of a fiscal period of that partnership, for a particular taxation year of the other corporation ending in that preceding taxation year and in which that fiscal period of the partnership ends, or for a taxation year of the other corporation preceding that particular taxation year and in which a fiscal period of the partnership ends.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2001, c. 51, s. 103; 2003, c. 9, s. 192.