I-3 - Taxation Act

Section 1029.8.36.167 Disposition versions

2023-04-01

1029.8.36.167. In this division,

“associated group” in a taxation year has the meaning assigned by section 1029.8.36.167.1;

“Canadian renewable and conservation expense in Canada” has the meaning assigned by section 399.7;

“eligible expenses” of a corporation for a taxation year or of a partnership for a fiscal period means expenses incurred, after 29 March 2001, by the corporation in the taxation year or by the partnership in the fiscal period and that consist of

(a)  any Canadian exploration expense that is incurred before 1 April 2023 and that would be described in paragraph a or b.1 of section 395 if the reference therein to “Canada”, wherever it appears, except in subparagraph iv of that paragraph b.1, were a reference to “Québec, but outside the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(a.0.1)  any Canadian exploration expense (other than that described in paragraph a.1) that would be described in paragraph c of section 395 if the reference therein to “mineral resource in Canada” were a reference to “mineral resource in Québec, but outside the northern exploration zone, other than coal,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(a.0.2)  any Canadian exploration expense (other than that described in paragraph a.1) that is incurred before 1 April 2023 and that would be described in paragraph c of section 395 if the reference therein to “mineral resource in Canada” were a reference to “mineral resource that is coal in Québec, but outside the northern exploration zone,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(a.1)  any Canadian exploration expense that is incurred after 20 August 2002 but before 1 January 2008 and that would be described in paragraph c of section 395 if the reference therein to “Canada” were a reference to “Québec, but outside the northern exploration zone,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(b)  any Canadian development expense that is incurred before 1 April 2023 and that would be described in paragraph a or a.1 of section 408 if the references therein to “Canada” and “Canada,”, wherever they appear, were a reference to “Québec, but outside the northern exploration zone,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(c)  any Canadian exploration expense that is incurred before 1 April 2023 and that would be described in paragraph a or b.1 of section 395 if the reference therein to “in Canada”, wherever it appears, except in subparagraph iv of that paragraph b.1, were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(c.0.1)  any Canadian exploration expense that is incurred after 17 March 2016 and that would be described in paragraph c of section 395 if the reference therein to “mineral resource in Canada” were a reference to “mineral resource in the northern exploration zone, other than coal,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(c.0.2)  any Canadian exploration expense that is incurred after 17 March 2016 but before 1 April 2023 and that would be described in paragraph c of section 395 if the reference therein to “mineral resource in Canada” were a reference to “mineral resource in the northern exploration zone that is coal” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(c.1)  any Canadian exploration expense that is incurred after 20 August 2002 but before 1 January 2008 and that would be described in paragraph c of section 395 if the reference therein to “in Canada” were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(d)  any Canadian development expense that is incurred before 1 April 2023 and that would be described in paragraph a or a.1 of section 408 if the reference therein to “in Canada”, wherever it appears, were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(e)  any Canadian renewable and conservation expense, to the extent that it is incurred in respect of work carried out by the corporation or partnership in Québec under a project related to a business carried on by the corporation or partnership in Québec;

(f)  any Canadian exploration expense that would be described in paragraph c of section 395 if the reference therein to “mineral resource in Canada,” were a reference to “natural resource in Québec, that is granite, sandstone, limestone, marble or slate, to the extent that the resources are used for the production of dimension stones, cemetery monuments, building stones, paving stones, curbing and roof tiles,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

“northern exploration zone” has the meaning assigned by section 726.4.17.18;

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

(a)  that is exempt from tax for the year under Book VIII; or

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

“qualified partnership” for a fiscal period means a partnership that, in the fiscal period, carries on a business in Québec and has an establishment in Québec;

“total taxes” of a corporation for a taxation year means the aggregate of

(a)  its tax payable for the year under this Part; and

(b)  its tax that would be payable for the year under Part IV if that tax were computed without reference to sections 1135.1 and 1135.2;

“unused portion of the refundable tax credit” of a corporation for a taxation year means the amount by which the total amount that the corporation would be deemed to have paid to the Minister for that year under subparagraphs d and e of the first paragraph of sections 1029.8.36.168 to 1029.8.36.171 if the second paragraph of sections 1029.8.36.168 and 1029.8.36.169 and the third paragraph of sections 1029.8.36.170 and 1029.8.36.171 were not taken into account exceeds the amount by which its total taxes for the year exceeds the amount it is deemed to have paid to the Minister for that year under section 1029.8.36.171.1.

The expenses referred to in the definition of “eligible expenses” in the first paragraph do not include

(a)  an amount included in the Canadian exploration and development overhead expense of a taxpayer, within the meaning of section 360R2 of the Regulation respecting the Taxation Act (chapter I-3, r. 1);

(b)  an amount relating to Canadian exploration expense or Canadian development expense renounced by a corporation in respect of a share under this Act; and

(c)  an amount relating to financing, including expenses incurred before the beginning of the carrying on of a business.

2002, c. 40, s. 209; 2003, c. 8, s. 6; 2004, c. 21, s. 424; 2005, c. 1, s. 249; 2005, c. 38, s. 275; 2009, c. 15, s. 304; 2015, c. 21, s. 470; 2017, c. 1, s. 298; 2023, c. 2, s. 60.

2017-02-08

1029.8.36.167. In this division,

“associated group” in a taxation year has the meaning assigned by section 1029.8.36.167.1;

“Canadian renewable and conservation expense in Canada” has the meaning assigned by section 399.7;

“eligible expenses” of a corporation for a taxation year or of a partnership for a fiscal period means expenses incurred, after 29 March 2001, by the corporation in the taxation year or by the partnership in the fiscal period and that consist of

(a)  any Canadian exploration expense, other than those described in paragraph a.1, that would be described in any of paragraphs a, b.1 and c of section 395 if the reference therein to “Canada”, wherever it appears, except in subparagraph iv of paragraph b.1, were a reference to “Québec, but outside the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(a.1)  any Canadian exploration expense incurred after 20 August 2002 but before 1 January 2008 and that would be described in paragraph c of section 395 if the reference therein to “Canada” were a reference to “Québec, but outside the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(b)  any Canadian development expense that would be described in paragraph a or a.1 of section 408 if the reference therein to “Canada” and “Canada,”, wherever they appear, were a reference to “Québec, but outside the northern exploration zone,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(c)  any Canadian exploration expense, other than those described in paragraph c.1, that would be described in paragraph a or b.1 of section 395 if the reference therein to “in Canada”, wherever it appears, except in subparagraph iv of paragraph b.1, were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(c.0.1)  any Canadian exploration expense incurred after 17 March 2016 that would be described in paragraph c of section 395 if the reference therein to “in Canada”, wherever it appears, were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(c.1)  any Canadian exploration expense incurred after 20 August 2002 but before 1 January 2008 and that would be described in paragraph c of section 395 if the reference therein to “in Canada” were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(d)  any Canadian development expense that would be described in paragraph a or a.1 of section 408 if the reference therein to “in Canada”, wherever it appears, were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(e)  any Canadian renewable and conservation expense, to the extent that it is incurred in respect of work carried out by the corporation or partnership in Québec under a project related to a business carried on by the corporation or partnership in Québec;

(f)  any Canadian exploration expense that would be described in paragraph c of section 395 if the reference therein to “mineral resource in Canada,” were a reference to “natural resource in Québec, that is granite, sandstone, limestone, marble or slate, to the extent that the resources are used for the production of dimension stones, cemetery monuments, building stones, paving stones, curbing and roof tiles,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

“northern exploration zone” has the meaning assigned by section 726.4.17.18;

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

(a)  that is exempt from tax for the year under Book VIII; or

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

“qualified partnership” for a fiscal period means a partnership that, in the fiscal period, carries on a business in Québec and has an establishment in Québec;

“total taxes” of a corporation for a taxation year means the aggregate of

(a)  its tax payable for the year under this Part; and

(b)  its tax that would be payable for the year under Part IV if that tax were computed without reference to sections 1135.1 and 1135.2;

“unused portion of the refundable tax credit” of a corporation for a taxation year means the amount by which the total amount that the corporation would be deemed to have paid to the Minister for that year under subparagraphs d and e of the first paragraph of sections 1029.8.36.168 to 1029.8.36.171 if the second paragraph of sections 1029.8.36.168 and 1029.8.36.169 and the third paragraph of sections 1029.8.36.170 and 1029.8.36.171 were not taken into account exceeds the amount by which its total taxes for the year exceeds the amount it is deemed to have paid to the Minister for that year under section 1029.8.36.171.1.

The expenses referred to in the definition of “eligible expenses” in the first paragraph do not include

(a)  an amount included in the Canadian exploration and development overhead expense of a taxpayer, within the meaning of section 360R2 of the Regulation respecting the Taxation Act (chapter I-3, r. 1);

(b)  an amount relating to Canadian exploration expense or Canadian development expense renounced by a corporation in respect of a share under this Act; and

(c)  an amount relating to financing, including expenses incurred before the beginning of the carrying on of a business.

2002, c. 40, s. 209; 2003, c. 8, s. 6; 2004, c. 21, s. 424; 2005, c. 1, s. 249; 2005, c. 38, s. 275; 2009, c. 15, s. 304; 2015, c. 21, s. 470; 2017, c. 1, s. 298.

2015-10-21

1029.8.36.167. In this division,

“associated group” in a taxation year has the meaning assigned by section 1029.8.36.167.1;

“Canadian renewable and conservation expense in Canada” has the meaning assigned by section 399.7;

“eligible expenses” of a corporation for a taxation year or of a partnership for a fiscal period means expenses incurred, after 29 March 2001, by the corporation in the taxation year or by the partnership in the fiscal period and that consist of

(a)  any Canadian exploration expense, other than those described in paragraph a.1, that would be described in any of paragraphs a, b.1 and c of section 395 if the reference therein to “Canada”, wherever it appears, except in subparagraph iv of paragraph b.1, were a reference to “Québec, but outside the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(a.1)  any Canadian exploration expense incurred after 20 August 2002 but before 1 January 2008 and that would be described in paragraph c of section 395 if the reference therein to “Canada” were a reference to “Québec, but outside the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(b)  any Canadian development expense that would be described in paragraph a or a.1 of section 408 if the reference therein to “Canada” and “Canada,”, wherever they appear, were a reference to “Québec, but outside the northern exploration zone,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(c)  any Canadian exploration expense, other than those described in paragraph c.1, that would be described in any of paragraphs a, b.1 and c of section 395 if the reference therein to “in Canada”, wherever it appears, except in subparagraph iv of paragraph b.1, were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(c.1)  any Canadian exploration expense incurred after 20 August 2002 but before 1 January 2008 and that would be described in paragraph c of section 395 if the reference therein to “in Canada” were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(d)  any Canadian development expense that would be described in paragraph a or a.1 of section 408 if the reference therein to “in Canada”, wherever it appears, were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(e)  any Canadian renewable and conservation expense, to the extent that it is incurred in respect of work carried out by the corporation or partnership in Québec under a project related to a business carried on by the corporation or partnership in Québec;

(f)  any Canadian exploration expense that would be described in paragraph c of section 395 if the reference therein to “mineral resource in Canada,” were a reference to “natural resource in Québec, that is granite, sandstone, limestone, marble or slate, to the extent that the resources are used for the production of dimension stones, cemetery monuments, building stones, paving stones, curbing and roof tiles,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

“northern exploration zone” has the meaning assigned by section 726.4.17.18;

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

(a)  that is exempt from tax for the year under Book VIII; or

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

“qualified partnership” for a fiscal period means a partnership that, in the fiscal period, carries on a business in Québec and has an establishment in Québec;

“total taxes” of a corporation for a taxation year means the aggregate of

(a)  its tax payable for the year under this Part; and

(b)  its tax that would be payable for the year under Part IV if that tax were computed without reference to sections 1135.1 and 1135.2;

“unused portion of the refundable tax credit” of a corporation for a taxation year means the amount by which the total amount that the corporation would be deemed to have paid to the Minister for that year under subparagraphs d and e of the first paragraph of sections 1029.8.36.168 to 1029.8.36.171 if the second paragraph of sections 1029.8.36.168 and 1029.8.36.169 and the third paragraph of sections 1029.8.36.170 and 1029.8.36.171 were not taken into account exceeds the amount by which its total taxes for the year exceeds the amount it is deemed to have paid to the Minister for that year under section 1029.8.36.171.1.

The expenses referred to in the definition of “eligible expenses” in the first paragraph do not include

(a)  an amount included in the Canadian exploration and development overhead expense of a taxpayer, within the meaning of section 360R2 of the Regulation respecting the Taxation Act (chapter I-3, r. 1);

(b)  an amount relating to Canadian exploration expense or Canadian development expense renounced by a corporation in respect of a share under this Act; and

(c)  an amount relating to financing, including expenses incurred before the beginning of the carrying on of a business.

2002, c. 40, s. 209; 2003, c. 8, s. 6; 2004, c. 21, s. 424; 2005, c. 1, s. 249; 2005, c. 38, s. 275; 2009, c. 15, s. 304; 2015, c. 21, s. 470.

2009-06-04

1029.8.36.167. In this division,

“Canadian renewable and conservation expense in Canada” has the meaning assigned by section 399.7;

“eligible expenses” of a corporation for a taxation year or of a partnership for a fiscal period means expenses incurred, after 29 March 2001, by the corporation in the taxation year or by the partnership in the fiscal period and that consist of

(a)  any Canadian exploration expense, other than those described in paragraph a.1, that would be described in any of paragraphs a, b.1 and c of section 395 if the reference therein to “Canada”, wherever it appears, except in subparagraph iv of paragraph b.1, were a reference to “Québec, but outside the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(a.1)  any Canadian exploration expense incurred after 20 August 2002 but before 1 January 2008 and that would be described in paragraph c of section 395 if the reference therein to “Canada” were a reference to “Québec, but outside the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(b)  any Canadian development expense that would be described in paragraph a or a.1 of section 408 if the reference therein to “Canada” and “Canada,”, wherever they appear, were a reference to “Québec, but outside the northern exploration zone,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(c)  any Canadian exploration expense, other than those described in paragraph c.1, that would be described in any of paragraphs a, b.1 and c of section 395 if the reference therein to “in Canada”, wherever it appears, except in subparagraph iv of paragraph b.1, were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(c.1)  any Canadian exploration expense incurred after 20 August 2002 but before 1 January 2008 and that would be described in paragraph c of section 395 if the reference therein to “in Canada” were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(d)  any Canadian development expense that would be described in paragraph a or a.1 of section 408 if the reference therein to “in Canada”, wherever it appears, were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(e)  any Canadian renewable and conservation expense, to the extent that it is incurred in respect of work carried out by the corporation or partnership in Québec under a project related to a business carried on by the corporation or partnership in Québec;

(f)  any Canadian exploration expense that would be described in paragraph c of section 395 if the reference therein to “mineral resource in Canada,” were a reference to “natural resource in Québec, that is granite, sandstone, limestone, marble or slate, to the extent that the resources are used for the production of dimension stones, cemetery monuments, building stones, paving stones, curbing and roof tiles,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

“northern exploration zone” has the meaning assigned by section 726.4.17.18;

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

(a)  that is exempt from tax for the year under Book VIII; or

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

“qualified partnership” for a fiscal period means a partnership that, in the fiscal period, carries on a business in Québec and has an establishment in Québec;

“total taxes” of a corporation for a taxation year means the aggregate of

(a)  its tax payable for the year under this Part; and

(b)  its tax that would be payable for the year under Part IV if that tax were computed without reference to sections 1135.1 and 1135.2;

“unused portion of the refundable tax credit” of a corporation for a taxation year means the amount by which the total amount that the corporation would be deemed to have paid to the Minister for that year under subparagraphs d and e of the first paragraph of sections 1029.8.36.168 to 1029.8.36.171 if the second paragraph of sections 1029.8.36.168 and 1029.8.36.169 and the third paragraph of sections 1029.8.36.170 and 1029.8.36.171 were not taken into account exceeds the amount by which its total taxes for the year exceeds the amount it is deemed to have paid to the Minister for that year under section 1029.8.36.171.1.

The expenses referred to in the definition of “eligible expenses” in the first paragraph do not include

(a)  an amount included in the Canadian exploration and development overhead expense of a taxpayer, within the meaning of section 360R2 of the Regulation respecting the Taxation Act (chapter I-3, r. 1);

(b)  an amount relating to Canadian exploration expense or Canadian development expense renounced by a corporation in respect of a share under this Act; and

(c)  an amount relating to financing, including expenses incurred before the beginning of the carrying on of a business.

2002, c. 40, s. 209; 2003, c. 8, s. 6; 2004, c. 21, s. 424; 2005, c. 1, s. 249; 2005, c. 38, s. 275; 2009, c. 15, s. 304.

2006-03-01

1029.8.36.167. In this division,

“Canadian renewable and conservation expense in Canada” has the meaning assigned by section 399.7;

“eligible expenses” of a corporation for a taxation year or of a partnership for a fiscal period means expenses incurred, after 29 March 2001, by the corporation in the taxation year or by the partnership in the fiscal period and that consist of

(a)  any Canadian exploration expense, other than those described in paragraph a.1, that would be described in any of paragraphs a, b.1 and c of section 395 if the reference therein to “Canada”, wherever it appears, except in subparagraph iv of paragraph b.1, were a reference to “Québec, but outside the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(a.1)  any Canadian exploration expense incurred after 20 August 2002 but before 1 January 2008 and that would be described in paragraph c of section 395 if the reference therein to “Canada” were a reference to “Québec, but outside the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(b)  any Canadian development expense that would be described in paragraph a or a.1 of section 408 if the reference therein to “Canada” and “Canada,”, wherever they appear, were a reference to “Québec, but outside the northern exploration zone,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(c)  any Canadian exploration expense, other than those described in paragraph c.1, that would be described in any of paragraphs a, b.1 and c of section 395 if the reference therein to “in Canada”, wherever it appears, except in subparagraph iv of paragraph b.1, were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(c.1)  any Canadian exploration expense incurred after 20 August 2002 but before 1 January 2008 and that would be described in paragraph c of section 395 if the reference therein to “in Canada” were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(d)  any Canadian development expense that would be described in paragraph a or a.1 of section 408 if the reference therein to “in Canada”, wherever it appears, were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(e)  any Canadian renewable and conservation expense, to the extent that it is incurred in respect of work carried out by the corporation or partnership in Québec under a project related to a business carried on by the corporation or partnership in Québec;

(f)  any Canadian exploration expense that would be described in paragraph c of section 395 if the reference therein to “mineral resource in Canada,” were a reference to “natural resource in Québec, that is granite, sandstone, limestone, marble or slate, to the extent that the resources are used for the production of dimension stones, cemetery monuments, building stones, paving stones, curbing and roof tiles,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

“northern exploration zone” has the meaning assigned by section 726.4.17.18;

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

(a)  that is exempt from tax for the year under Book VIII; or

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

“qualified partnership” for a fiscal period means a partnership that, in the fiscal period, carries on a business in Québec and has an establishment in Québec;

“total taxes” of a corporation for a taxation year means the aggregate of

(a)  its tax payable for the year under this Part; and

(b)  its tax that would be payable for the year under Part IV if that tax were computed without reference to sections 1135.1 and 1135.2;

“unused portion of the refundable tax credit” of a corporation for a taxation year means the amount by which the total amount that the corporation would be deemed to have paid to the Minister for that year under subparagraphs d and e of the first paragraph of sections 1029.8.36.168 to 1029.8.36.171 if the second paragraph of sections 1029.8.36.168 and 1029.8.36.169 and the third paragraph of sections 1029.8.36.170 and 1029.8.36.171 were not taken into account exceeds the amount by which its total taxes for the year exceeds the amount it is deemed to have paid to the Minister for that year under section 1029.8.36.171.1.

The expenses referred to in the definition of “eligible expenses” in the first paragraph do not include

(a)  an amount included in the Canadian exploration and development overhead expense of a taxpayer, within the meaning of paragraph f.1 of section 360R2 of the Regulation respecting the Taxation Act (R.R.Q., 1981, chapter I-3, r.1);

(b)  an amount relating to Canadian exploration expense or Canadian development expense renounced by a corporation in respect of a share under this Act; and

(c)  an amount relating to financing, including expenses incurred before the beginning of the carrying on of a business.

2002, c. 40, s. 209; 2003, c. 8, s. 6; 2004, c. 21, s. 424; 2005, c. 1, s. 249; 2005, c. 38, s. 275.