I-3 - Taxation Act

Section 1029.8.36.18 Disposition versions

2009-06-04

1029.8.36.18. For the purpose of computing the amount that is deemed to have been paid to the Minister, for a taxation year, by a qualified corporation under section 1029.8.36.5 or 1029.8.36.6, the following rules apply:

(a)  the wages referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.5 and paid to a qualified designer or qualified patternmaker by a qualified outside consultant are to be reduced, where applicable, by the amount of any contract payment, government assistance or non-government assistance, attributable to the wages, that the qualified outside consultant or qualified corporation has received, is entitled to receive or may reasonably expect to receive on or before the qualified corporation’s filing-due date for the taxation year;

(b)  the expenditure referred to in subparagraph b of the first paragraph of section 1029.8.36.5 is to be reduced, where applicable, by the amount of any contract payment, government assistance, non-government assistance or apparent payment, attributable to the expenditure, that the qualified corporation or, in the case of an apparent payment, a person with whom the qualified corporation does not deal at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the qualified corporation’s filing-due date for the taxation year;

(c)  the share of a qualified corporation that is a member of a qualified partnership of wages referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.6 and paid to a qualified designer or qualified patternmaker by a qualified outside consultant is to be reduced, where applicable,

i.  by its share of the amount of any contract payment, government assistance or non-government assistance, attributable to the wages, that the qualified outside consultant or qualified partnership has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the wages were incurred, or

ii.  by the amount of any contract payment, government assistance or non-government assistance, attributable to the wages, that the qualified corporation has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the wages were incurred; and

(d)  the share of a qualified corporation that is a member of a qualified partnership of an expenditure referred to in subparagraph b of the first paragraph of section 1029.8.36.6 is to be reduced, where applicable,

i.  by its share of the amount of any contract payment, government assistance, non-government assistance or apparent payment, attributable to the expenditure, that the qualified partnership has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the expenditure was incurred, or

ii.  by the amount of any contract payment, government assistance, non-government assistance or apparent payment, attributable to the expenditure, that the qualified corporation or, in the case of an apparent payment, a person with whom the qualified corporation does not deal at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the expenditure was incurred.

For the purposes of subparagraph i of subparagraphs c and d of the first paragraph, the qualified corporation’s share of the amount of any contract payment, government assistance, non-government assistance or apparent payment that the qualified partnership has received, is entitled to receive or may reasonably expect to receive, is equal to the agreed proportion of the amount in respect of the qualified corporation for the partnership’s fiscal period that ends in its taxation year.

1995, c. 1, s. 157; 1995, c. 63, s. 187; 1997, c. 3, s. 71; 1997, c. 31, s. 143; 2006, c. 13, s. 143; 2009, c. 15, s. 260.

2006-06-13

1029.8.36.18. For the purpose of computing the amount that is deemed to have been paid to the Minister, for a taxation year, by a qualified corporation under section 1029.8.36.5 or 1029.8.36.6, the following rules apply:

(a)  the wages referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.5 and paid to a qualified designer or qualified patternmaker by a qualified outside consultant are to be reduced, where applicable, by the amount of any contract payment, government assistance or non-government assistance, attributable to the wages, that the qualified outside consultant or qualified corporation has received, is entitled to receive or may reasonably expect to receive on or before the qualified corporation’s filing-due date for the taxation year;

(b)  the expenditure referred to in subparagraph b of the first paragraph of section 1029.8.36.5 is to be reduced, where applicable, by the amount of any contract payment, government assistance, non-government assistance or apparent payment, attributable to the expenditure, that the qualified corporation or, in the case of an apparent payment, a person with whom the qualified corporation does not deal at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the qualified corporation’s filing-due date for the taxation year;

(c)  the share of a qualified corporation that is a member of a qualified partnership of wages referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.6 and paid to a qualified designer or qualified patternmaker by a qualified outside consultant is to be reduced, where applicable,

i.  by its share of the amount of any contract payment, government assistance or non-government assistance, attributable to the wages, that the qualified outside consultant or qualified partnership has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the wages were incurred, or

ii.  by the amount of any contract payment, government assistance or non-government assistance, attributable to the wages, that the qualified corporation has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the wages were incurred; and

(d)  the share of a qualified corporation that is a member of a qualified partnership of an expenditure referred to in subparagraph b of the first paragraph of section 1029.8.36.6 is to be reduced, where applicable,

i.  by its share of the amount of any contract payment, government assistance, non-government assistance or apparent payment, attributable to the expenditure, that the qualified partnership has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the expenditure was incurred, or

ii.  by the amount of any contract payment, government assistance, non-government assistance or apparent payment, attributable to the expenditure, that the qualified corporation or, in the case of an apparent payment, a person with whom the qualified corporation does not deal at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the expenditure was incurred.

For the purposes of subparagraph i of subparagraphs c and d of the first paragraph, the qualified corporation’s share of the amount of any contract payment, government assistance, non-government assistance or apparent payment that the qualified partnership has received, is entitled to receive or may reasonably expect to receive, is equal to the proportion of that amount that the share of the qualified corporation of the income or loss of the partnership for the fiscal period of the partnership ending in its taxation year is of the income or loss of the partnership for that fiscal period, on the assumption that, if the income and loss of the partnership for that fiscal period are nil, the partnership’s income for that fiscal period is equal to $1,000,000.

1995, c. 1, s. 157; 1995, c. 63, s. 187; 1997, c. 3, s. 71; 1997, c. 31, s. 143; 2006, c. 13, s. 143.

2006-03-01

1029.8.36.18. For the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year by a qualified corporation under section 1029.8.36.5 or 1029.8.36.6, the following rules apply:

(a)  the expenditure referred to in section 1029.8.36.5 shall be reduced by the amount of any contract payment, government assistance or non-government assistance and by any apparent payment, attributable to the expenditure, that the qualified corporation or, in the case of an apparent payment, a person with whom the qualified corporation does not deal at arm’s length has received, is entitled to receive or can reasonably expect to receive on or before the qualified corporation’s or the person’s filing-due date for the taxation year; and

(b)  the share of a qualified corporation that is a member of a qualified partnership in an expenditure referred to in section 1029.8.36.6 shall be reduced

i.  by its share of the amount of any contract payment, government assistance or non-government assistance and by any apparent payment, attributable to that expenditure, that the qualified partnership has received, is entitled to receive or can reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the expenditure was made, or

ii.  by the amount of any contract payment, government assistance or non-government assistance and by any apparent payment, attributable to that expenditure, that the qualified corporation or, in the case of an apparent payment, a person with whom the qualified corporation does not deal at arm’s length has received, is entitled to receive or can reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the expenditure was made.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the qualified corporation’s share of the amount of any contract payment, government assistance or non-government assistance and of any apparent payment that the qualified partnership has received, is entitled to receive or can reasonably expect to receive, is equal to such proportion of that amount as the share of the qualified corporation in the income or loss of the partnership for the fiscal period of the partnership ending in its taxation year, is of the income or loss of the partnership for that fiscal period, on the assumption that, if the income and loss of the partnership for that fiscal period are nil, the partnership’s income for that fiscal period is equal to $1,000,000.

1995, c. 1, s. 157; 1995, c. 63, s. 187; 1997, c. 3, s. 71; 1997, c. 31, s. 143.