I-3 - Taxation Act

Section 1029.8.36.0.119 Disposition versions

2019-06-19

1029.8.36.0.119. In this division,

“certificate of compliance” in relation to a qualified property of a corporation means a certificate issued to the corporation certifying that the property complies with standards prescribed by an Act or regulation applicable outside Québec where the corporation intends to commercialize the property;

“eligibility period” means the period that begins on 21 March 2012 and ends on 31 December 2015;

“eligible activities” of a corporation for a taxation year means the activities that the corporation carries on in the year and that are covered by the certificate referred to in the first paragraph of section 1029.8.36.0.120 that is issued to the corporation for the year;

“eligible certification costs” of a corporation for a particular taxation year in relation to a certificate of compliance issued in respect of a qualified property of the corporation for the particular year mean the amount by which the amount determined under the second paragraph is exceeded by the aggregate of the following expenses incurred by the corporation in the part of the eligibility period that is included in the particular year or in a preceding taxation year for which it was a qualified corporation, to the extent that they are reasonable in the circumstances:

(a)  the fees charged by a certification body to issue a certificate of compliance to the corporation in relation to the qualified property; and

(b)  the cost of a contract between the corporation and an outside consultant, other than a person with whom the corporation does not deal at arm’s length, pursuant to which the outside consultant obtained, on behalf of the corporation, the certificate of compliance in relation to the qualified property;

“excluded corporation” for a particular taxation year means

(a)  a corporation that is exempt from tax for the particular year under Book VIII, other than an insurer referred to in paragraph k of section 998, as it read before being struck out, that is not so exempt from tax on all of its taxable income for the particular year because of section 999.0.1, as it read before being repealed;

(b)  a corporation that would be exempt from tax for the particular year under section 985, but for section 192; or

(c)  a corporation whose assets shown in its financial statements submitted to the shareholders or, where such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles, for its taxation year that precedes the particular year, exceed $50,000,000;

“qualified corporation” for a taxation year means a corporation, other than an excluded corporation for the year, that, in the year, carries on a business in Québec and has an establishment in Québec;

“qualified property” of a corporation for a taxation year means a property that is manufactured by the corporation in an establishment of the corporation situated in Québec within the scope of its eligible activities for the year and in respect of which it has obtained at or before the end of the year, but before 1 January 2017, a certificate of compliance.

The amount to which the definition of “eligible certification costs” in the first paragraph refers is equal to the portion of the expenses described in that definition that was taken into account for the purpose of determining the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.120 for a taxation year preceding the particular year.

2013, c. 10, s. 116; 2019, c. 14, s. 350.

2013-06-05

1029.8.36.0.119. In this division,

“certificate of compliance” in relation to a qualified property of a corporation means a certificate issued to the corporation certifying that the property complies with standards prescribed by an Act or regulation applicable outside Québec where the corporation intends to commercialize the property;

“eligibility period” means the period that begins on 21 March 2012 and ends on 31 December 2015;

“eligible activities” of a corporation for a taxation year means the activities that the corporation carries on in the year and that are covered by the certificate referred to in the first paragraph of section 1029.8.36.0.120 that is issued to the corporation for the year;

“eligible certification costs” of a corporation for a particular taxation year in relation to a certificate of compliance issued in respect of a qualified property of the corporation for the particular year mean the amount by which the amount determined under the second paragraph is exceeded by the aggregate of the following expenses incurred by the corporation in the part of the eligibility period that is included in the particular year or in a preceding taxation year for which it was a qualified corporation, to the extent that they are reasonable in the circumstances:

(a)  the fees charged by a certification body to issue a certificate of compliance to the corporation in relation to the qualified property; and

(b)  the cost of a contract between the corporation and an outside consultant, other than a person with whom the corporation does not deal at arm’s length, pursuant to which the outside consultant obtained, on behalf of the corporation, the certificate of compliance in relation to the qualified property;

“excluded corporation” for a particular taxation year means

(a)  a corporation that is exempt from tax for the particular year under Book VIII, other than an insurer referred to in paragraph k of section 998 that is not so exempt from tax on all of its taxable income for the particular year because of section 999.0.1;

(b)  a corporation that would be exempt from tax for the particular year under section 985, but for section 192; or

(c)  a corporation whose assets shown in its financial statements submitted to the shareholders or, where such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles, for its taxation year that precedes the particular year, exceed $50,000,000;

“qualified corporation” for a taxation year means a corporation, other than an excluded corporation for the year, that, in the year, carries on a business in Québec and has an establishment in Québec;

“qualified property” of a corporation for a taxation year means a property that is manufactured by the corporation in an establishment of the corporation situated in Québec within the scope of its eligible activities for the year and in respect of which it has obtained at or before the end of the year, but before 1 January 2017, a certificate of compliance.

The amount to which the definition of “eligible certification costs” in the first paragraph refers is equal to the portion of the expenses described in that definition that was taken into account for the purpose of determining the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.120 for a taxation year preceding the particular year.

2013, c. 10, s. 116.