Prepayment
of UI
premium tax
credit
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(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,
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(a) where the employer was not associated
with any other employer on the remittance
date, the lesser of
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(i) the amount, if any, by which the lesser
of
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(A) the amount, if any, by
which $30,000 exceeds the amount, if
any, by which the 1992 premium base
of the employer exceeds $30,000, and
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(B) the amount, if any, by which
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(I) the 1993 cumulative premium
base of the employer on the
remittance date
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(II) the 1992 cumulative premium
base of the employer on the
remittance date
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exceeds the total of all amounts deemed
or that would, but for subsection (13), be
deemed by this subsection to have been
paid to the employer before the
remittance date, and
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(ii) the amount determined by the
formula
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A - (B + C)
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A is the total of all UI premiums of the
employer payable on or before the
remittance date that can reasonably
be attributed to remuneration paid in
the period beginning on January 1,
1993 and ending on the remittance
date,
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B is the total of all amounts (determined
without reference to this subsection)
remitted by the employer to the
Receiver General on or before the
remittance date on account of the UI
premiums referred to in the descrip
tion of A, and
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C is the total of all amounts deemed or
that would, but for subsection (13), be
deemed by this subsection to have
been paid to the employer before the
remittance date; and
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(b) where the employer (in this paragraph
referred to as the ``particular employer'')
was associated on the remittance date with
any other employer (in this paragraph
referred to as an ``associated employer''),
the lesser of
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(i) the amount that would be determined
under paragraph (a) in respect of the
particular employer on the remittance
date if the particular employer were not
associated on the remittance date with
any other employer, and
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(ii) the amount, if any, by which the lesser
of
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(A) the amount, if any, by
which $30,000 exceeds the amount, if
any, by which the total of the 1992
premium bases of the particular
employer and all associated employers
exceeds $30,000, and
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(B) the amount, if any, by which
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(I) the total of all amounts each of
which is the 1993 cumulative
premium base of the particular
employer or an associated employer
on the remittance date
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(II) the total of all amounts each of
which is the 1992 cumulative
premium base of the particular
employer or an associated employer
on the remittance date
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(C) all amounts each of which is an
amount deemed or that would, but for
subsection (13), be deemed by this
subsection to have been paid to the
particular employer or an associated
employer before the remittance date,
and
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(D) all amounts each of which is an
amount that would be determined
under subparagraph (a)(ii) in respect
of an associated employer on the
remittance date if the associated
employer were not associated on that
date with any other employer.
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Idem
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(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.
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Excess
prepayment
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(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.
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Idem
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(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.
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(2) Subsection (1) applies after 1992.
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15. (1) Subsection 127(5) of the Act is
replaced by the following:
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Investment
tax credit
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(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
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(i) the taxpayer's investment tax credit at
the end of the year in respect of property
acquired, or an expenditure made, before
the end of the year, and
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(A) the taxpayer's investment tax
credit at the end of the year in respect
of property acquired, or an expenditure
made, in a subsequent taxation year, to
the extent that the investment tax
credit was not deductible under this
subsection or subsection 180.1(1.2) for
the taxation year in which the property
was acquired, or the expenditure was
made, as the case may be, and
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(B) the amount, if any, by which the
taxpayer's tax otherwise payable
under this Part for the year exceeds the
amount, if any, determined under
subparagraph (i), and
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(b) where Division E.1 applies to the
taxpayer for the year, the amount, if any, by
which the total of
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(i) the taxpayer's tax otherwise payable
under this Part for the year, and
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(ii) the taxpayer's tax payable under
Part I.1 for the year before deducting
any amount under subsection 180.1(1.2)
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exceeds the taxpayer's minimum amount
for the year determined under
section 127.51.
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(2) The definition ``annual investment tax
credit limit'' in subsection 127(9) of the Act
is repealed.
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(3) Subparagraph (a)(i) of the definition
``investment tax credit'' in
subsection 127(9) of the Act is replaced by
the following:
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(i) the capital cost to the taxpayer of
approved project property, certified
property, qualified construction
equipment, qualified property,
qualified small-business property or
qualified transportation equipment
acquired by the taxpayer in the year,
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(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:
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(e.1) the total of all amounts each of
which is the specified percentage of that
part of a repayment made by the taxpayer
in the year or in any of the 10 taxation
years immediately preceding or the 3
taxation years immediately following the
year that can reasonably be considered to
be a repayment of government
assistance, non-government assistance or
a contract payment that reduced the
capital cost to the taxpayer of a property
under paragraph (11.1)(b), the amount of
an expenditure made by the taxpayer
under paragraph (11.1)(c) or the
prescribed proxy amount of the taxpayer
under paragraph (11.1)(f), and
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(e.2) the total of all amounts each of
which is the specified percentage of 1/4
of that part of a repayment made by the
taxpayer in the year or in any of the 10
taxation years immediately preceding or
the 3 taxation years immediately
following the year that can reasonably be
considered to be a repayment of
government assistance, non-government
assistance or a contract payment that
reduced the amount of an expenditure
made by the taxpayer under paragraph
(11.1)(e) in respect of first term
shared-use-equipment or second term
shared-use-equipment, and, for that
purpose, a repayment made by the
taxpayer in any taxation year preceding
the first taxation year ending
coincidentally with the first period or the
second period in respect of first term
shared-use-equipment or second term
shared-use-equipment, respectively,
shall be deemed to have been made by the
taxpayer in that first taxation year
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(5) The portion of the definition
``investment tax credit'' in subsection
127(9) of the Act after paragraph (k) is
replaced by the following:
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except that no amount shall be included in
the total determined under any of
paragraphs (a) to (e.2) in respect of any
qualified Canadian exploration expenditure
or qualified expenditure made by the
taxpayer in the course of earning income
from a business, or in respect of any
approved project property, certified
property, qualified property or qualified
small-business property acquired by the
taxpayer for use in the course of earning
income from a business, if any of the
income from that business is exempt from
tax under this Part;
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(6) The portion of the definition
``qualified expenditure'' in subsection
127(9) of the Act before paragraph (a) is
replaced by the following:
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``qualified
expenditure''
« dépense
admissible »
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``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
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(7) Paragraph (f) of the definition
``specified percentage'' in subsection 127(9)
of the Act is replaced by the following:
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(f) in respect of the repayment of
government assistance, non-government
assistance or a contract payment that
reduced the capital cost to the taxpayer of
a property under paragraph (11.1)(b), the
amount of an expenditure made by the
taxpayer under paragraph (11.1)(c) or (e),
or the prescribed proxy amount of a
taxpayer under paragraph (11.1)(f), the
specified percentage that was applicable
in respect of the property, the expenditure
or the prescribed proxy amount, as the
case may be,
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(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):
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(i) in respect of qualified small-business
property, 10%.
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(9) Subsection 127(9) of the Act is
amended by adding the following in
alphabetical order:
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``eligible
taxpayer''
« contribuabl
e admissible »
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``eligible taxpayer'' means
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(a) a corporation other than a
non-qualifying corporation,
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(b) an individual other than a trust,
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(c) a trust all the beneficiaries of which
are eligible taxpayers, and
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(d) a partnership all the members of
which are eligible taxpayers,
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and, for the purpose of this definition, a
beneficiary of a trust is a person or
partnership that is beneficially interested in
the trust;
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``first term
shared-use-eq
uipment''
« matériel à
vocations
multiples de
première
période »
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``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;
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``non-qualifyi
ng
corporation''
« société non
admissible »
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``non-qualifying corporation'' at any time
means
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(a) a corporation that is, at that time, not
a Canadian-controlled private
corporation,
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(b) a corporation that would be liable to
pay tax under Part I.3 for the taxation
year of the corporation that includes that
time if that Part were read without
reference to subsection 181.1(4) and if
the amount determined under
subsection 181.2(3) in respect of the
corporation for the year were determined
without reference to amounts described
in any of paragraphs 181.2(3)(a), (b), (d)
and (f) to the extent that the amounts so
described were used to acquire property
that would be qualified small-business
property if the corporation were not a
non-qualifying corporation, or
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(c) a corporation that at that time is
related for the purposes of section 181.5
to a corporation described in
paragraph (b);
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``qualified
small-business
property''
« bien
admissible de
petite
entreprise »
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``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
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(a) certified property of the taxpayer if
the definition ``certified property'' were
read without the reference in it to
paragraph (a) of the definition ``qualified
property'' and without reference to
subparagraphs (a)(i) and (ii) of it and if
the reference in subparagraph (a)(iii) of
it to ``after 1988'' were read as a
reference to ``after December 2, 1992
and before 1994'',
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(b) qualified construction equipment of
the taxpayer if the definition ``qualified
construction equipment'' were read
without reference to paragraph (b) of it
and if the reference in it to ``after April
19, 1983 and before 1989'' were read as
a reference to ``after December 2, 1992
and before 1994'',
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(c) qualified property of the taxpayer if
the definition ``qualified property'' were
read without reference to paragraphs (a)
and (d) of it and if the reference in
paragraph (b) of it to ``after June 23,
1975'' were read as a reference to ``after
December 2, 1992 and before 1994'', or
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(d) qualified transportation equipment of
the taxpayer if the definition ``qualified
transportation equipment'' were read
without reference to paragraph (b) of it
and if the reference in it to ``after
November 16, 1978 and before 1989''
were read as a reference to ``after
December 2, 1992 and before 1994'',
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and where the property was acquired by the
taxpayer to be leased to a person with whom
the taxpayer does not deal at arm's length
and the property is used by the person in
Canada primarily for the purposes
described in any of the definitions
``qualified construction equipment'',
``qualified property'' and ``qualified
transportation equipment'', for the
purposes of this subsection, the taxpayer
shall be deemed to have acquired the
property for that use;
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``second term
shared-use-eq
uipment''
« matériel à
vocations
multiples de
deuxième
période »
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``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;
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(10) Subsections 127(10.1) to (10.4) of the
Act are replaced by the following:
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Additions to
investment tax
credit
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(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
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(i) the total of all expenditures described
in subparagraph (e)(iv) of the definition
``specified percentage'' in subsection (9)
made by the taxpayer in the particular
year and that were designated by it in its
return of income under this Part for the
particular year, and
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(ii) the taxpayer's expenditure limit for
the particular year
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exceeds
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(b) the total of all amounts determined
under paragraph (a) of the definition
``investment tax credit'' in subsection (9) in
respect of an expenditure referred to in
subparagraph (a)(i)
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shall be added in computing the taxpayer's
investment tax credit at the end of the
particular year.
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