I-3 - Taxation Act

Full text
1029.8.36.0.100. (Repealed).
2006, c. 36, s. 147; 2011, c. 34, s. 85; 2019, c. 14, s. 338.
1029.8.36.0.100. If, at a particular time of a qualified corporation’s taxation year, all or, if applicable, a portion of the excise tax imposed under section 23 of the Excise Tax Act (R.S.C. 1985, c. E-15) on unleaded gasoline is not payable, because of subsection 2 of section 23.4 of that Act, on the portion (in subparagraph a of the third paragraph referred to as the exempt portion of the blend) of the blend of that gasoline with alcohol, within the meaning of subsection 1 of section 23.4 of that Act, that corresponds to the percentage by volume of alcohol in the blend, the amount determined for the taxation year under the second paragraph in respect of the qualified corporation is deemed, for the purposes of section 1029.8.36.0.99, to be an amount of government assistance that is attributable to the portions, determined under subparagraph a of the second paragraph of section 1029.8.36.0.95, of the qualified corporation’s eligible production of ethanol, for the particular months of the taxation year, and that the corporation has received on or before its filing-due date for the taxation year.
The amount to which the first paragraph refers is equal to the aggregate of all amounts each of which is an amount determined, for a particular month of the taxation year, by the formula

A × B.

In the formula in the second paragraph,
(a)  A is the amount by which the amount specified in section 9 of Schedule I to the Excise Tax Act immediately before the beginning of the particular month in respect of unleaded gasoline or, where applicable, the excess of the portion of that amount that may reasonably be considered not to be payable, because of subsection 2 of section 23.4 of that Act, over the exempt portion of the blend, exceeds $0.10; and
(b)  B is the portion, determined under subparagraph a of the second paragraph of section 1029.8.36.0.95, of the qualified corporation’s eligible production of ethanol for the particular month.
2006, c. 36, s. 147; 2011, c. 34, s. 85.
1029.8.36.0.100. If, at a particular time of the qualified corporation’s taxation year, all or, where applicable, a portion of the excise tax imposed under section 23 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) on unleaded gasoline is not payable, because of subsection 2 of section 23.4 of that Act, on the portion, in subparagraph a of the third paragraph referred to as the “exempt portion of the blend”, of the blend of that gasoline to alcohol, within the meaning of subsection 1 of section 23.4 of that Act, that is the percentage by volume of alcohol in the blend, the amount determined for the taxation year under the second paragraph in respect of the qualified corporation is deemed, for the purposes of section 1029.8.36.0.99, to be an amount of government assistance that is attributable to the portions, determined under subparagraph a of the second paragraph of section 1029.8.36.0.95, of the qualified corporation’s eligible production of ethanol, for the taxation year, and that the qualified corporation has received on or before its filing-due date for the taxation year.
The amount to which the first paragraph refers is equal to the aggregate of all amounts each of which is an amount determined, for a particular month of the taxation year, by the formula

A × B.

In the formula in the second paragraph,
(a)  A is the amount by which the amount specified in section 9 of Schedule I to the Excise Tax Act immediately before the beginning of the particular month in respect of unleaded gasoline or, where applicable, the excess of the portion of that amount that may reasonably be considered not to be payable, because of subsection 2 of section 23.4 of that Act, over the exempt portion of the blend, exceeds $0.10; and
(b)  B is the portion, determined under subparagraph a of the second paragraph of section 1029.8.36.0.95 in respect of the particular month, of the qualified corporation’s eligible production of ethanol, for the taxation year.
2006, c. 36, s. 147.