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I-3 - Taxation Act

Section 1029.8.36.0.67
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Full text
1029.8.36.0.67. (Repealed).
2000, c. 39, s. 176; 2001, c. 51, s. 228; 2002, c. 40, s. 158; 2003, c. 9, s. 264; 2006, c. 36, s. 142; 2009, c. 15, s. 250; 2021, c. 18, s. 121.
1029.8.36.0.67. Where, before 1 January 2015, a partnership pays, in a fiscal period, in this section referred to as the “fiscal period of repayment”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance referred to in subparagraph 2 of subparagraph ii of paragraph b of the definition of “qualified brokerage expenditure” in the first paragraph of section 1029.8.36.0.55 that was taken into account for the purpose of computing a qualified brokerage expenditure incurred by the partnership in a particular fiscal period ending in a particular taxation year and in respect of which a corporation that is a member of the partnership at the end of the particular fiscal period is deemed to have paid an amount to the Minister under section 1029.8.36.0.60 for the particular taxation year, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form with the fiscal return it is required to file for that year under section 1000 and is a member of the partnership at the end of the fiscal period of repayment, an amount equal to the amount by which
(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.60 for the particular year, in respect of the qualified brokerage expenditure, if
i.  any amount of such assistance so repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the aggregate determined under subparagraph 2 of any of subparagraphs i to iii of paragraph b of the definition of “qualified brokerage expenditure” in the first paragraph of section 1029.8.36.0.55, and
ii.  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; exceeds
(b)  the aggregate of
i.  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.60 for the particular year, in respect of the qualified brokerage expenditure, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment, and
ii.  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount paid by the partnership as repayment of that assistance, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.
2000, c. 39, s. 176; 2001, c. 51, s. 228; 2002, c. 40, s. 158; 2003, c. 9, s. 264; 2006, c. 36, s. 142; 2009, c. 15, s. 250.
1029.8.36.0.67. Where, before 1 January 2015, a partnership pays, in a fiscal period, in this section referred to as the “fiscal period of repayment”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance referred to in subparagraph 2 of subparagraph ii of paragraph b of the definition of “qualified brokerage expenditure” in the first paragraph of section 1029.8.36.0.55 that was taken into account for the purpose of computing a qualified brokerage expenditure incurred by the partnership in a particular fiscal period ending in a particular taxation year and in respect of which a corporation that is a member of the partnership at the end of the particular fiscal period is deemed to have paid an amount to the Minister under section 1029.8.36.0.60 for the particular taxation year, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form with the fiscal return it is required to file for that year under section 1000 and is a member of the partnership at the end of the fiscal period of repayment, an amount equal to the amount by which
(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.60 for the particular year, in respect of the qualified brokerage expenditure, if
i.  any amount of such assistance so repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the aggregate determined under subparagraph 2 of any of subparagraphs i to iii of paragraph b of the definition of “qualified brokerage expenditure” in the first paragraph of section 1029.8.36.0.55, and
ii.  the corporation’s share of the income or loss of the partnership for the particular fiscal period and the partnership’s income or loss for that fiscal period were the same as those for the fiscal period of repayment; exceeds
(b)  the aggregate of
i.  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.60 for the particular year, in respect of the qualified brokerage expenditure, if the corporation’s share of the income or loss of the partnership for the particular fiscal period and the partnership’s income or loss for that fiscal period were the same as those for the fiscal period of repayment, and
ii.  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount paid by the partnership as repayment of that assistance, if the corporation’s share of the income or loss of the partnership for the particular fiscal period and the partnership’s income or loss for that fiscal period were the same as those for the fiscal period of repayment.
2000, c. 39, s. 176; 2001, c. 51, s. 228; 2002, c. 40, s. 158; 2003, c. 9, s. 264; 2006, c. 36, s. 142.
1029.8.36.0.67. Where, before 1 January 2015, a partnership pays, in a fiscal period, in this section referred to as the "fiscal period of repayment", pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance referred to in subparagraph 2 of subparagraph ii of paragraph b of the definition of "qualified brokerage expenditure" in the first paragraph of section 1029.8.36.0.55 that was taken into account for the purpose of computing a qualified brokerage expenditure incurred by the partnership in a particular fiscal period ending in a particular taxation year and in respect of which a corporation that is a member of the partnership at the end of the particular fiscal period is deemed to have paid an amount to the Minister under section 1029.8.36.0.60 for the particular taxation year, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form with the fiscal return it is required to file for that year under section 1000 and is a member of the partnership at the end of the fiscal period of repayment, an amount equal to the amount by which
(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.60 for the particular year, in respect of the qualified brokerage expenditure, if
i.  any amount of such assistance so repaid at or before the end of the fiscal period of repayment had reduced, for the particular fiscal period, the aggregate determined under subparagraph 2 of any of subparagraphs i to iii of paragraph b of the definition of "qualified brokerage expenditure" in the first paragraph of section 1029.8.36.0.55, and
ii.  the corporation’s share of the income or loss of the partnership for the particular fiscal period had been the same as the corporation’s share for the fiscal period of repayment; exceeds
(b)  the aggregate of
i.  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.60 for the particular year, in respect of the qualified brokerage expenditure, if the corporation’s share of the income or loss of the partnership for the particular fiscal period had been the same as the corporation’s share for the fiscal period of repayment, and
ii.  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount paid by the partnership as repayment of that assistance, if the corporation’s share of the income or loss of the partnership for the particular fiscal period had been the same as the corporation’s share for the fiscal period of repayment.
2000, c. 39, s. 176; 2001, c. 51, s. 228; 2002, c. 40, s. 158; 2003, c. 9, s. 264.
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