I-3 - Taxation Act

Section 1029.8.21.44 Disposition versions

2009-06-04

1029.8.21.44. (Repealed).

2001, c. 51, s. 103; 2003, c. 9, s. 193; 2009, c. 15, s. 224.

2006-03-01

1029.8.21.44. Every qualified corporation that is a member of a qualified partnership at the end of a fiscal period of the partnership and that, for its taxation year in which that fiscal period ends, encloses, with its fiscal return it is required to file for the year under section 1000, the prescribed form containing the prescribed information and, where the qualified partnership is a member of an associated group at the end of the fiscal period, the agreement referred to in section 1029.8.21.45 in prescribed form, is deemed, subject to the second paragraph, to have paid to the Minister on its balance-due day for the year, on account of its tax payable for the 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 share of the qualified partnership’s eligible production expenditure, for the fiscal period, in respect of an eligible e-commerce solution in relation to a business the qualified partnership carries on in Québec, and

ii.  the qualified corporation’s share of the qualified partnership’s deemed expenditure for the fiscal period; and

(b)  where the qualified partnership is a member of an associated group at the end of the fiscal period, the qualified corporation’s share of the amount attributed to the qualified partnership for the period pursuant to the agreement referred to in section 1029.8.21.45 or, in any other case, the qualified corporation’s share for the fiscal period of 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 1029.8.21.42,

(1)  by a particular qualified corporation that was a member of the qualified partnership at the end of a preceding fiscal period of the partnership, for a taxation year of the particular qualified corporation in which that preceding fiscal period ends,

(2)  where the qualified partnership is a member of an associated group in the fiscal period, by a corporation, other than a corporation referred to in subparagraph 1, that is a member of the group, for a particular taxation year of the corporation ending in the fiscal period or for a taxation year of the corporation preceding that particular taxation year, or

(3)  where the qualified partnership was a member of an associated group in a preceding fiscal period, by a corporation, other than a corporation referred to in subparagraph 1 or 2, that is a member of the group, for a particular taxation year of the corporation ending in that preceding fiscal period or for a taxation year of the corporation preceding that particular taxation year, or

ii.  under this section,

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

(2)  where the qualified partnership was a member of an associated group in a preceding fiscal period, by a corporation, other than a corporation referred to in subparagraph 1 or subparagraph i, that is a member of another partnership that is a member of the group, at the end of any given fiscal period of that other partnership, for a particular taxation year of the corporation that ends in that preceding fiscal period and in which the given fiscal period ends, or for a taxation year of the corporation preceding that particular taxation year and in which a fiscal period of the other 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, for its taxation year in which the fiscal period of the qualified partnership ends, 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. 193.