Prepayment
of UI
premium tax
credit
|
(12) Where before March 1994 an employer
or, where the employer is a partnership, any
member of the partnership acting on behalf of
all of the members of the partnership, files
with the Minister a prescribed form containing
prescribed information, the Minister shall,
subject to subsection (13), be deemed to have
paid to the employer on account of the
overpayment determined under subsection (6)
in respect of the employer, and the employer
shall be deemed, for the purpose of
paragraph 12(1)(x), to have received and, for
the purposes of the Unemployment Insurance
Act and regulations made under it, to have
remitted to the Receiver General on account
of the employer's UI premium, on each
remittance date for 1993, an amount that is
equal to,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
A - (B + C)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Idem
|
(13) Where an amount would, but for this
subsection, be deemed by subsection (12) to
be paid at any time to a partnership, that
portion of the amount that can reasonably be
considered to be a taxpayer's share of it shall
be deemed not to have been paid to the
partnership and to have been paid at that time
by the Minister to the taxpayer on account of
the overpayment determined under
subsection (7) in respect of the taxpayer.
|
|
Excess
prepayment
|
(14) Where the total of all amounts paid
under subsection (12) to a taxpayer exceeds
the taxpayer's UI premium tax credit, the
excess shall be deemed to have been refunded
to the taxpayer, on the taxpayer's last
remittance date for 1993, on account of the
taxpayer's liability under this Part for the
taxpayer's last taxation year beginning
before 1994.
|
|
Idem
|
(15) Where the total of all amounts paid
under subsection (13) to a taxpayer in respect
of a partnership exceeds that portion of the
partnership's UI premium tax credit that can
reasonably be considered to be the taxpayer's
share of it, the excess shall be deemed to have
been refunded to the taxpayer, on the
partnership's last remittance date for 1993, on
account of the taxpayer's liability under this
Part for the taxpayer's last taxation year
beginning before 1994.
|
|
|
(2) Subsection (1) applies after 1992.
|
|
|
15. (1) Subsection 127(5) of the Act is
replaced by the following:
|
|
Investment
tax credit
|
(5) There may be deducted from the tax
otherwise payable by a taxpayer under this
Part for a taxation year an amount not
exceeding the lesser of
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) The definition ``annual investment tax
credit limit'' in subsection 127(9) of the Act
is repealed.
|
|
|
(3) Subparagraph (a)(i) of the definition
``investment tax credit'' in
subsection 127(9) of the Act is replaced by
the following:
|
|
|
|
|
|
(4) The definition ``investment tax
credit'' in subsection 127(9) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (e) and by replacing
paragraph (e.1) with the following:
|
|
|
|
|
|
|
|
|
(5) The portion of the definition
``investment tax credit'' in subsection
127(9) of the Act after paragraph (k) is
replaced by the following:
|
|
|
|
|
|
(6) The portion of the definition
``qualified expenditure'' in subsection
127(9) of the Act before paragraph (a) is
replaced by the following:
|
|
``qualified
expenditure'' « dépense admissible »
|
``qualified expenditure'' means an
expenditure in respect of scientific research
and experimental development incurred by
a taxpayer that is an expenditure in respect
of first term shared-use-equipment or
second term shared-use-equipment or an
expenditure described in paragraph
37(1)(a) or subparagraph 37(1)(b)(i) and
includes an amount that is a prescribed
proxy amount of a taxpayer, but does not
include
|
|
|
(7) Paragraph (f) of the definition
``specified percentage'' in subsection 127(9)
of the Act is replaced by the following:
|
|
|
|
|
|
(8) The definition ``specified percentage''
in subsection 127(9) of the Act is amended
by striking out the word ``and'' at the end of
paragraph (g), by adding the word ``and'' at
the end of paragraph (h) and by adding the
following after paragraph (h):
|
|
|
|
|
|
(9) Subsection 127(9) of the Act is
amended by adding the following in
alphabetical order:
|
|
``eligible
taxpayer'' « contribuabl e admissible »
|
``eligible taxpayer'' means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
``first term
shared-use-eq
uipment'' « matériel à vocations multiples de première période »
|
``first term shared-use-equipment'' of a
taxpayer means depreciable property of the
taxpayer (other than prescribed depreciable
property of a taxpayer) that is used by the
taxpayer, during its operating time in the
period (in this subsection and
subsection (11.1) referred to as the ``first
period'') beginning at the time the property
was acquired by the taxpayer and ending at
the end of the taxpayer's first taxation year
ending at least 12 months after that time,
primarily for the prosecution of scientific
research and experimental development in
Canada, but does not include general
purpose office equipment or furniture;
|
|
``non-qualifyi
ng
corporation'' « société non admissible »
|
``non-qualifying corporation'' at any time
means
|
|
|
|
|
|
|
|
|
|
|
``qualified
small-business
property'' « bien admissible de petite entreprise »
|
``qualified small-business property'' means
property, acquired by a taxpayer who was
an eligible taxpayer at the time the property
was acquired, that, if this subsection were
read without reference to subsection (11.2),
would be
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
``second term
shared-use-eq
uipment'' « matériel à vocations multiples de deuxième période »
|
``second term shared-use-equipment'' of a
taxpayer means property of the taxpayer
that was first term shared-use-equipment of
the taxpayer and that is used by the
taxpayer, during its operating time in the
period (in this subsection and subsection
(11.1) referred to as the ``second period'')
beginning at the time the property was
acquired by the taxpayer and ending at the
end of the taxpayer's first taxation year
ending at least 24 months after that time,
primarily for the prosecution of scientific
research and experimental development in
Canada;
|
|
|
(10) Subsections 127(10.1) to (10.4) of the
Act are replaced by the following:
|
|
Additions to
investment tax
credit
|
(10.1) For the purpose of paragraph (e) of
the definition ``investment tax credit'' in
subsection (9), where a taxpayer was
throughout a particular taxation year a
Canadian-controlled private corporation the
taxable income of which, for the taxation year
preceding the particular year together with the
taxable incomes of all corporations with
which it was associated in the particular year
for their taxation years ending in the calendar
year preceding the calendar year in which the
taxpayer's particular year ended, does not
exceed twice the total of the business limits (as
determined under section 125) of the taxpayer
and the associated corporations for those
preceding years, the amount, if any, by which
|
|
|
|
|
|
|
|
|
|
|
|
exceeds
|
|
|
|
|
|
shall be added in computing the taxpayer's
investment tax credit at the end of the
particular year.
|
|