I-3 - Taxation Act

Section 1029.8.36.0.0.14 Disposition versions

2015-12-04

1029.8.36.0.0.14. A corporation that encloses with the fiscal return it is required to file for a taxation year under section 1000 the prescribed form containing prescribed information and a copy of the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles, in respect of a property that is an eligible work or an eligible group of works, is deemed, subject to the second paragraph, if the application for an advance ruling has been filed or, in the absence of such an application, an application for a certificate has been filed in respect of the property with the Société de développement des entreprises culturelles before the end of the year, to have paid to the Minister on the corporation’s balance-due day for the year, on account of its tax payable for that year under this Part, an amount equal to

(a)  in the case of a property for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 31 August 2003 and before 20 March 2009 or for which, despite the filing of an application for an advance ruling with the Société de développement des entreprises culturelles before 1 September 2003, the Société de développement des entreprises culturelles considers that the work on the property was not sufficiently advanced on 12 June 2003, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs and digital version publishing costs for the year in respect of that property, and

ii.  an amount equal to 26.25% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property;

(a.1)  in the case of a property for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 19 March 2009 and on or before 4 June 2014 or, if the Société de développement des entreprises culturelles considers that the work on the property was sufficiently advanced on that date, 31 August 2014, or where an application for a favourable advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles in respect of the property after 26 March 2015, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs and digital version publishing costs for the year in respect of that property, and

ii.  an amount equal to 27% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property; and

(a.2)  in the case of a property for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 31 August 2014 and before 27 March 2015 or, if the Société de développement des entreprises culturelles considers that the work on the property was not sufficiently advanced on 4 June 2014, after that date and before 27 March 2015, the aggregate of

i.  an amount equal to 28% of its qualified labour expenditure attributable to preparation costs and digital version publishing costs for the year in respect of the property, and

ii.  an amount equal to 21.6% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of the property; and

(b)  in any other case, the aggregate of

i.  an amount equal to 40% of its qualified labour expenditure attributable to preparation costs and digital version publishing costs for the year in respect of that property, and

ii.  an amount equal to 30% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property.

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.

The amount that a corporation is deemed to have paid to the Minister, under the first paragraph, on account of its tax payable for a taxation year under this Part in respect of a property that is an eligible work or an eligible group of works must not exceed the amount by which, if the property is coedited by the corporation and one or more other eligible corporations, the amount obtained by applying to the amount determined under the fourth paragraph the corporation’s share, expressed as a percentage, of the publishing costs in relation to the preparation and printing of the property that is specified in the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles in respect of the property or, in any other case, the amount determined under the fourth paragraph, exceeds the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under that paragraph in respect of the property for a preceding taxation year exceeds the aggregate of all amounts each of which is an amount that the corporation is required to pay under section 1129.4.0.18 in respect of the property for a preceding taxation year.

The amount to which the third paragraph refers is equal to,

(a)  in the case of an eligible work, $437,500; and

(b)  in the case of an eligible group of works, the amount obtained by multiplying $437,500 by the number of works that form that group.

However, where the fourth paragraph applies in respect of a property (other than a property described in subparagraph a or a.1 of the first paragraph), it is to be read, in respect of the property, as if “$437,500” were replaced wherever it appears by

(a)  “$350,000”, if the property is referred to in subparagraph a.2 of the first paragraph; and

(b)  “$500,000”, if the property is referred to in subparagraph b of the first paragraph.

2001, c. 51, s. 117; 2002, c. 9, s. 66; 2003, c. 9, s. 211; 2004, c. 21, s. 318; 2005, c. 23, s. 161; 2007, c. 12, s. 159; 2010, c. 5, s. 156; 2010, c. 25, s. 134; 2011, c. 34, s. 76; 2012, c. 8, s. 197; 2015, c. 21, s. 428; 2015, c. 36, s. 116.

2015-10-21

1029.8.36.0.0.14. A corporation that encloses with the fiscal return it is required to file for a taxation year under section 1000 the prescribed form containing prescribed information and a copy of the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles, in respect of a property that is an eligible work or an eligible group of works, is deemed, subject to the second paragraph, if the application for an advance ruling has been filed or, in the absence of such an application, an application for a certificate has been filed in respect of the property with the Société de développement des entreprises culturelles before the end of the year, to have paid to the Minister on the corporation’s balance-due day for the year, on account of its tax payable for that year under this Part, an amount equal to

(a)  in the case of a property for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 31 August 2003 and before 20 March 2009 or for which, despite the filing of an application for an advance ruling with the Société de développement des entreprises culturelles before 1 September 2003, the Société de développement des entreprises culturelles considers that the work on the property was not sufficiently advanced on 12 June 2003, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs and digital version publishing costs for the year in respect of that property, and

ii.  an amount equal to 26.25% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property;

(a.1)  in the case of a property for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 19 March 2009 and on or before 4 June 2014 or, if the Société de développement des entreprises culturelles considers that the work on the property was sufficiently advanced on that date, 31 August 2014, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs and digital version publishing costs for the year in respect of that property, and

ii.  an amount equal to 27% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property; and

(a.2)  in the case of a property for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 31 August 2014 or, if the Société de développement des entreprises culturelles considers that the work on the property was not sufficiently advanced on 4 June 2014, after that date, the aggregate of

i.  an amount equal to 28% of its qualified labour expenditure attributable to preparation costs and digital version publishing costs for the year in respect of the property, and

ii.  an amount equal to 21.6% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of the property; and

(b)  in any other case, the aggregate of

i.  an amount equal to 40% of its qualified labour expenditure attributable to preparation costs and digital version publishing costs for the year in respect of that property, and

ii.  an amount equal to 30% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property.

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.

The amount that a corporation is deemed to have paid to the Minister, under the first paragraph, on account of its tax payable for a taxation year under this Part in respect of a property that is an eligible work or an eligible group of works must not exceed the amount by which, if the property is coedited by the corporation and one or more other eligible corporations, the amount obtained by applying to the amount determined under the fourth paragraph the corporation’s share, expressed as a percentage, of the publishing costs in relation to the preparation and printing of the property that is specified in the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles in respect of the property or, in any other case, the amount determined under the fourth paragraph, exceeds the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under that paragraph in respect of the property for a preceding taxation year exceeds the aggregate of all amounts each of which is an amount that the corporation is required to pay under section 1129.4.0.18 in respect of the property for a preceding taxation year.

The amount to which the third paragraph refers is equal to,

(a)  in the case of an eligible work, $350,000; and

(b)  in the case of an eligible group of works, the amount obtained by multiplying $350,000 by the number of works that form that group.

However, where an application for an advance ruling or, in the absence of such an application, an application for a certificate in respect of the property is filed with the Société de développement des entreprises culturelles on or before 4 June 2014 or, if the Société de développement des entreprises culturelles considers that the work on the property was sufficiently advanced on that date, on or before 31 August 2014, the fourth paragraph is to be read, in respect of the property, as if “$350,000” were replaced wherever it appears by

(a)  “$437,500”, if the property is referred to in subparagraph a or a.1 of the first paragraph; and

(b)  “$500,000”, if the property is referred to in subparagraph b of the first paragraph.

2001, c. 51, s. 117; 2002, c. 9, s. 66; 2003, c. 9, s. 211; 2004, c. 21, s. 318; 2005, c. 23, s. 161; 2007, c. 12, s. 159; 2010, c. 5, s. 156; 2010, c. 25, s. 134; 2011, c. 34, s. 76; 2012, c. 8, s. 197; 2015, c. 21, s. 428.

2012-05-09

1029.8.36.0.0.14. A corporation that encloses with the fiscal return it is required to file for a taxation year under section 1000 the prescribed form containing prescribed information and a copy of the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles, in respect of a property that is an eligible work or an eligible group of works, is deemed, subject to the second paragraph, if the application for an advance ruling has been filed or, in the absence of such an application, an application for a certificate has been filed in respect of the property with the Société de développement des entreprises culturelles before the end of the year, to have paid to the Minister on the corporation’s balance-due day for the year, on account of its tax payable for that year under this Part, an amount equal to

(a)  in the case of a property for which an application for an advance ruling is filed or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 31 August 2003 and to which subparagraph a.1 does not apply or for which, despite the filing of an application for an advance ruling with the Société de développement des entreprises culturelles before 1 September 2003, the Société de développement des entreprises culturelles considers that the work surrounding the property was not sufficiently advanced on 12 June 2003, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs and digital version publishing costs for the year in respect of that property, and

ii.  an amount equal to 26.25% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property;

(a.1)  in the case of a property for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 19 March 2009, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs and digital version publishing costs for the year in respect of that property, and

ii.  an amount equal to 27% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property; and

(b)  in any other case, the aggregate of

i.  an amount equal to 40% of its qualified labour expenditure attributable to preparation costs and digital version publishing costs for the year in respect of that property, and

ii.  an amount equal to 30% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property.

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.

The amount that a corporation is deemed to have paid to the Minister, under the first paragraph, on account of its tax payable for a taxation year under this Part in respect of a property that is an eligible work or an eligible group of works must not exceed the amount by which, if the property is coedited by the corporation and one or more other eligible corporations, the amount obtained by applying to the amount determined under the fourth paragraph the corporation’s share, expressed as a percentage, of the publishing costs in relation to the preparation and printing of the property that is specified in the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles in respect of the property or, in any other case, the amount determined under the fourth paragraph, exceeds the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under that paragraph in respect of the property for a preceding taxation year exceeds the aggregate of all amounts each of which is an amount that the corporation is required to pay under section 1129.4.0.18 in respect of the property for a preceding taxation year.

The amount to which the third paragraph refers is equal to,

(a)  in the case of an eligible work, $500,000; and

(b)  in the case of an eligible group of works, the amount obtained by multiplying $500,000 by the number of works that form that group.

In the case of a property referred to in subparagraph a or a.1 of the first paragraph, the fourth paragraph shall be read, in respect of that property, with “$500,000”, wherever it appears, replaced by “$437,500”.

2001, c. 51, s. 117; 2002, c. 9, s. 66; 2003, c. 9, s. 211; 2004, c. 21, s. 318; 2005, c. 23, s. 161; 2007, c. 12, s. 159; 2010, c. 5, s. 156; 2010, c. 25, s. 134; 2011, c. 34, s. 76; 2012, c. 8, s. 197.

2011-12-09

1029.8.36.0.0.14. A corporation that encloses with the fiscal return it is required to file for a taxation year under section 1000 the prescribed form containing the prescribed information and a copy of the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles, that has not been revoked, in respect of a property that is an eligible work or an eligible group of works, is deemed, subject to the second paragraph, if the application for an advance ruling has been filed or, in the absence of such an application, an application for a certificate has been filed in respect of the property with the Société de développement des entreprises culturelles before the end of the year, to have paid to the Minister on the corporation’s balance-due day for the year, on account of its tax payable for that year under this Part, an amount equal to

(a)  in the case of a property for which an application for an advance ruling is filed or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 31 August 2003 and to which subparagraph a.1 does not apply or for which, despite the filing of an application for an advance ruling with the Société de développement des entreprises culturelles before 1 September 2003, the Société de développement des entreprises culturelles considers that the work surrounding the property was not sufficiently advanced on 12 June 2003, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs and digital version publishing costs for the year in respect of that property, and

ii.  an amount equal to 26.25% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property;

(a.1)  in the case of a property for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 19 March 2009, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs and digital version publishing costs for the year in respect of that property, and

ii.  an amount equal to 27% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property; and

(b)  in any other case, the aggregate of

i.  an amount equal to 40% of its qualified labour expenditure attributable to preparation costs and digital version publishing costs for the year in respect of that property, and

ii.  an amount equal to 30% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property.

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.

The amount that a corporation is deemed to have paid to the Minister, under the first paragraph, on account of its tax payable for a taxation year under this Part in respect of a property that is an eligible work or an eligible group of works must not exceed the amount by which, if the property is coedited by the corporation and one or more other eligible corporations, the amount obtained by applying to the amount determined under the fourth paragraph the corporation’s share, expressed as a percentage, of the publishing costs in relation to the preparation and printing of the property that is specified in the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles in respect of the property or, in any other case, the amount determined under the fourth paragraph, exceeds the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under that paragraph in respect of the property for a preceding taxation year exceeds the aggregate of all amounts each of which is an amount that the corporation is required to pay under section 1129.4.0.18 in respect of the property for a preceding taxation year.

The amount to which the third paragraph refers is equal to,

(a)  in the case of an eligible work, $500,000; and

(b)  in the case of an eligible group of works, the amount obtained by multiplying $500,000 by the number of works that form that group.

In the case of a property referred to in subparagraph a or a.1 of the first paragraph, the fourth paragraph shall be read, in respect of that property, with “$500,000”, wherever it appears, replaced by “$437,500”.

2001, c. 51, s. 117; 2002, c. 9, s. 66; 2003, c. 9, s. 211; 2004, c. 21, s. 318; 2005, c. 23, s. 161; 2007, c. 12, s. 159; 2010, c. 5, s. 156; 2010, c. 25, s. 134; 2011, c. 34, s. 76.

2010-10-27

1029.8.36.0.0.14. A corporation that encloses with the fiscal return it is required to file for a taxation year under section 1000 the prescribed form containing the prescribed information and a copy of the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles, that has not been revoked, in respect of a property that is an eligible work or an eligible group of works, is deemed, subject to the second paragraph, if the application for an advance ruling has been filed or, in the absence of such an application, an application for a certificate has been filed in respect of the property with the Société de développement des entreprises culturelles before the end of the year, to have paid to the Minister on the corporation’s balance-due day for the year, on account of its tax payable for that year under this Part, an amount equal to

(a)  in the case of a property for which an application for an advance ruling is filed or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 31 August 2003 and to which subparagraph a.1 does not apply or for which, despite the filing of an application for an advance ruling with the Société de développement des entreprises culturelles before 1 September 2003, the Société de développement des entreprises culturelles considers that the work surrounding the property was not sufficiently advanced on 12 June 2003, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs for the year in respect of that property, and

ii.  an amount equal to 26.25% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property;

(a.1)  in the case of a property for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 19 March 2009, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs for the year in respect of that property, and

ii.  an amount equal to 27% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property; and

(b)  in any other case, the aggregate of

i.  an amount equal to 40% of its qualified labour expenditure attributable to preparation costs for the year in respect of that property, and

ii.  an amount equal to 30% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property.

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.

The amount that a corporation is deemed to have paid to the Minister, under the first paragraph, on account of its tax payable for a taxation year under this Part in respect of a property that is an eligible work or an eligible group of works must not exceed the amount by which, if the property is coedited by the corporation and one or more other eligible corporations, the amount obtained by applying to the amount determined under the fourth paragraph the corporation’s share, expressed as a percentage, of the publishing costs in relation to the preparation and printing of the property that is specified in the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles in respect of the property or, in any other case, the amount determined under the fourth paragraph, exceeds the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under that paragraph in respect of the property for a preceding taxation year exceeds the aggregate of all amounts each of which is an amount that the corporation is required to pay under section 1129.4.0.18 in respect of the property for a preceding taxation year.

The amount to which the third paragraph refers is equal to,

(a)  in the case of an eligible work, $500,000; and

(b)  in the case of an eligible group of works, the amount obtained by multiplying $500,000 by the number of works that form that group.

In the case of a property referred to in subparagraph a or a.1 of the first paragraph, the fourth paragraph shall be read, in respect of that property, with “$500,000”, wherever it appears, replaced by “$437,500”.

2001, c. 51, s. 117; 2002, c. 9, s. 66; 2003, c. 9, s. 211; 2004, c. 21, s. 318; 2005, c. 23, s. 161; 2007, c. 12, s. 159; 2010, c. 5, s. 156; 2010, c. 25, s. 134.

2010-04-20

1029.8.36.0.0.14. A corporation that encloses with the fiscal return it is required to file for a taxation year under section 1000 the prescribed form containing the prescribed information and a copy of the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles, that has not been revoked, in respect of a property that is an eligible work or an eligible group of works, is deemed, subject to the second paragraph, if the application for an advance ruling has been filed or, in the absence of such an application, an application for a certificate has been filed in respect of the property with the Société de développement des entreprises culturelles before the end of the year, to have paid to the Minister on the corporation’s balance-due day for the year, on account of its tax payable for that year under this Part, an amount equal to

(a)  in the case of a property for which an application for an advance ruling is filed or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 31 August 2003 and to which subparagraph a.1 does not apply or for which, despite the filing of an application for an advance ruling with the Société de développement des entreprises culturelles before 1 September 2003, the Société de développement des entreprises culturelles considers that the work surrounding the property was not sufficiently advanced on 12 June 2003, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs for the year in respect of that property, and

ii.  an amount equal to 26.25% of its qualified labour expenditure attributable to printing costs for the year in respect of that property;

(a.1)  in the case of a property for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 19 March 2009, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs for the year in respect of that property, and

ii.  an amount equal to 27% of its qualified labour expenditure attributable to printing costs for the year in respect of that property; and

(b)  in any other case, the aggregate of

i.  an amount equal to 40% of its qualified labour expenditure attributable to preparation costs for the year in respect of that property, and

ii.  an amount equal to 30% of its qualified labour expenditure attributable to printing costs for the year in respect of that property.

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.

The amount that a corporation is deemed to have paid to the Minister, under the first paragraph, on account of its tax payable for a taxation year under this Part in respect of a property that is an eligible work or an eligible group of works must not exceed the amount by which, if the property is coedited by the corporation and one or more other eligible corporations, the amount obtained by applying to the amount determined under the fourth paragraph the corporation’s share, expressed as a percentage, of the publishing costs in relation to the preparation and printing of the property that is specified in the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles in respect of the property or, in any other case, the amount determined under the fourth paragraph, exceeds the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under that paragraph in respect of the property for a preceding taxation year exceeds the aggregate of all amounts each of which is an amount that the corporation is required to pay under section 1129.4.0.18 in respect of the property for a preceding taxation year.

The amount to which the third paragraph refers is equal to,

(a)  in the case of an eligible work, $500,000; and

(b)  in the case of an eligible group of works, the amount obtained by multiplying $500,000 by the number of works that form that group.

In the case of a property referred to in subparagraph a or a.1 of the first paragraph, the fourth paragraph shall be read, in respect of that property, with “$500,000”, wherever it appears, replaced by “$437,500”.

2001, c. 51, s. 117; 2002, c. 9, s. 66; 2003, c. 9, s. 211; 2004, c. 21, s. 318; 2005, c. 23, s. 161; 2007, c. 12, s. 159; 2010, c. 5, s. 156.

2007-11-07

1029.8.36.0.0.14. A corporation that encloses with the fiscal return it is required to file for a taxation year under section 1000 the prescribed form containing the prescribed information and a copy of the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles, that has not been revoked, in respect of a property that is an eligible work or an eligible group of works, is deemed, subject to the second paragraph, if the application for an advance ruling has been filed or, in the absence of such an application, an application for a certificate has been filed in respect of the property with the Société de développement des entreprises culturelles before the end of the year, to have paid to the Minister on the corporation’s balance-due day for the year, on account of its tax payable for that year under this Part, an amount equal to

(a)  in the case of a property for which an application for an advance ruling is filed or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 31 August 2003 or for which, despite the filing of an application for an advance ruling with the Société de développement des entreprises culturelles before 1 September 2003, the Société de développement des entreprises culturelles considers that the work surrounding the property was not sufficiently advanced on 12 June 2003, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs for the year in respect of that property, and

ii.  an amount equal to 26.25% of its qualified labour expenditure attributable to printing costs for the year in respect of that property; and

(b)  in any other case, the aggregate of

i.  an amount equal to 40% of its qualified labour expenditure attributable to preparation costs for the year in respect of that property, and

ii.  an amount equal to 30% of its qualified labour expenditure attributable to printing costs for the year in respect of that property.

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.

The amount that a corporation is deemed to have paid to the Minister, under the first paragraph, on account of its tax payable for a taxation year under this Part in respect of a property that is an eligible work or an eligible group of works must not exceed the amount by which, if the property is coedited by the corporation and one or more other eligible corporations, the amount obtained by applying to the amount determined under the fourth paragraph the corporation’s share, expressed as a percentage, of the publishing costs in relation to the preparation and printing of the property that is specified in the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles in respect of the property or, in any other case, the amount determined under the fourth paragraph, exceeds the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under that paragraph in respect of the property for a preceding taxation year exceeds the aggregate of all amounts each of which is an amount that the corporation is required to pay under section 1129.4.0.18 in respect of the property for a preceding taxation year.

The amount to which the third paragraph refers is equal to,

(a)  in the case of an eligible work, $500,000; and

(b)  in the case of an eligible group of works, the amount obtained by multiplying $500,000 by the number of works that form that group.

In the case of a property referred to in subparagraph a of the first paragraph, the fourth paragraph shall be read, in respect of that property, with “$500,000”, wherever it appears, replaced by “$437,500”.

2001, c. 51, s. 117; 2002, c. 9, s. 66; 2003, c. 9, s. 211; 2004, c. 21, s. 318; 2005, c. 23, s. 161; 2007, c. 12, s. 159.

2006-03-01

1029.8.36.0.0.14. A corporation that, in a taxation year, is a qualified corporation and encloses with the fiscal return it is required to file for the year under section 1000 the prescribed form containing the prescribed information and a copy of the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles, that has not been revoked, in respect of a property that is an eligible work or an eligible group of works, is deemed, subject to the second paragraph, if the application for an advance ruling has been filed or, in the absence of such an application, an application for a certificate has been filed in respect of the property with the Société de développement des entreprises culturelles before the end of the year, to have paid to the Minister on the corporation’s balance-due day for the year, on account of its tax payable for that year under this Part, an amount equal to

(a)  in the case of a property for which an application for an advance ruling is filed or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 31 August 2003 or for which, despite the filing of an application for an advance ruling with the Société de développement des entreprises culturelles before 1 September 2003, the Société de développement des entreprises culturelles considers that the work surrounding the property was not sufficiently advanced on 12 June 2003, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs for the year in respect of that property, and

ii.  an amount equal to 26.25% of its qualified labour expenditure attributable to printing costs for the year in respect of that property; and

(b)  in any other case, the aggregate of

i.  an amount equal to 40% of its qualified labour expenditure attributable to preparation costs for the year in respect of that property, and

ii.  an amount equal to 30% of its qualified labour expenditure attributable to printing costs for the year in respect of that property.

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.

The amount that a corporation is deemed to have paid to the Minister, under the first paragraph, on account of its tax payable for a taxation year under this Part in respect of a property that is an eligible work or an eligible group of works must not exceed the amount by which, if the property is coedited by the corporation and one or more other eligible corporations, the amount obtained by applying to the amount determined under the fourth paragraph the corporation’s share, expressed as a percentage, of the publishing costs in relation to the preparation and printing of the property that is specified in the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles in respect of the property or, in any other case, the amount determined under the fourth paragraph, exceeds the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under that paragraph in respect of the property for a preceding taxation year exceeds the aggregate of all amounts each of which is an amount that the corporation is required to pay under section 1129.4.0.18 in respect of the property for a preceding taxation year.

The amount to which the third paragraph refers is equal to,

(a)  in the case of an eligible work, $500,000; and

(b)  in the case of an eligible group of works, the amount obtained by multiplying $500,000 by the number of works that form that group.

In the case of a property referred to in subparagraph a of the first paragraph, the fourth paragraph shall be read, in respect of that property, with "$500,000", wherever it appears, replaced by "$437,500".

2001, c. 51, s. 117; 2002, c. 9, s. 66; 2003, c. 9, s. 211; 2004, c. 21, s. 318; 2005, c. 23, s. 161.