Income Tax Act — I-3.3 127
he taxpayer carried on a particular business in the year, its income for the year from any other business substantially all the income of which was derived from the sale, leasing, rental or development of properties or the rendering of services similar to the properties sold, leased, rented or developed, or the services rendered, as the case may be, by the taxpayer in carrying on the particular business before that time exceeds (C) the total of all amounts each of which is an amount deducted under paragraph 111(1)(a) or (d) for the year by the taxpayer in respect of a non-capital loss or a farm loss, as the case may be, for a taxation year in respect of the particular business or the other business is of the greater of (ii) the amount determined under subparagraph 127(9.2)(d)(i), and (iii) its taxable income for the year. Ascertainment of certain property (10) The Minister may (a) obtain the advice of the appropriate minister for the purposes of the Regional Development Incentives Act , chapter R-3 of the Revised Statutes of Canada, 1970, as to whether any property is property as described in paragraph (b) of the definition certified property in subsection 127(9); (b) obtain a certificate from the appropriate minister for the purposes of the Regional Development Incentives Act certifying that any property specified therein is property as described in paragraph (b) of that definition; or (c) provide advice to the member of the Queen’s Privy Council for Canada appointed to be the Minister for the purposes of the Atlantic Canada Opportunities Agency Act as to whether any property qualifies for certification under the definition approved project property in subsection 127(9). Additions to investment tax credit (10.1) For the purposes of paragraph (e) of the definition investment tax credit in subsection (9), if a corporation was throughout a taxation year a Canadian-controlled private corporation or an eligible Canadian public corporation, there shall be added in computing the corporation’s investment tax credit at the end of the year the amount that is 20% of the least of (a) such amount as the corporation claims; (b) the amount by which the corporation’s SR&ED qualified expenditure pool at the end of the year exceeds the total of all amounts each of which is the super-allowance benefit amount for the year in respect of the corporation in respect of a province; and (c) the corporation’s expenditure limit for the year. Expenditure limit — CCPC (10.2) For the purpose of subsection (10.1), a particular Canadian-controlled private corporation’s expenditure limit for a particular taxation year is the amount determined by the formula $6 million × [($60 million − A) ÷ $60 million] where A is (a) nil, if the following amount is less than or equal to $15 million: (i) if the particular corporation is not associated with any other corporation in the particular taxation year, the amount that is its taxable capital employed in Canada (within the meaning assigned by section 181.2 or 181.3) for its immediately preceding taxation year, and (ii) if the particular corporation is associated with one or more other corporations in the particular taxation year, the amount that is the total of all amounts, each of which is the taxable capital employed in Canada (within the meaning assigned by section 181.2 or 181.3) of the particular corporation for its, or of one of the other corporations for its, last taxation year that ended in the last calendar year that ended before the end of the particular taxation year, and (b) in any other case, the lesser of $60 million and the amount by which the amount determined under subparagraph (a)(i) or (ii), as the case may be, exceeds $15 million. Expenditure limits — associated CCPCs (10.21) Notwithstanding subsection (10.2), the expenditure limit for a taxation year of a corporation that is associated in the taxation year with one or more other Canadian-controlled private corporations is, except as otherwise provid