Income Tax Act — I-3.3 125.4
person who performs a prescribed duty; (c) that definition does not apply to an amount to which section 37 applies; and (d) an expenditure incurred in respect of a film or video production by a qualified corporation (in this paragraph referred to as the “co-producer”) in respect of goods supplied or services rendered by another qualified corporation to the co-producer in respect of the production is not a labour expenditure to the co-producer or, for the purpose of applying this section to the co-producer, a cost or capital cost of the production. Tax credit (3) Where (a) a qualified corporation for a taxation year files with its return of income for the year (i) a Canadian film or video production certificate issued in respect of a Canadian film or video production of the corporation, (ii) a prescribed form containing prescribed information, and (iii) each other document prescribed in respect of the production, and (b) the principal filming or taping of the production began before the end of the year, the corporation is deemed to have paid on its balance-due day for the year an amount on account of its tax payable under this Part for the year equal to 25% of its qualified labour expenditure for the year in respect of the production. Exception (4) This section does not apply to a Canadian film or video production if the production  — or an interest in a person or partnership that has, directly or indirectly, an interest in, or for civil law a right in, the production  — is a tax shelter investment for the purpose of section 143.2. When assistance received (5) For the purposes of this Act other than this section, and for greater certainty, the amount that a corporation is deemed under subsection 125.4(3) to have paid for a taxation year is assistance received by the corporation from a government immediately before the end of the year. Revocation of certificate (6) If an omission or incorrect statement was made for the purpose of obtaining a Canadian film or video production certificate in respect of a production, or if the production is not a Canadian film or video production, (a) the Minister of Canadian Heritage may (i) revoke the certificate, or (ii) if the certificate was issued in respect of productions included in an episodic television series, revoke the certificate in respect of one or more episodes in the series; (b) for greater certainty, for the purposes of this section, the expenditures and cost of production in respect of productions included in an episodic television series that relate to an episode in the series in respect of which a certificate has been revoked are not attributable to a Canadian film or video production; and (c) for the purpose of subparagraph (3)(a)(i), a certificate that has been revoked is deemed never to have been issued. Guidelines (7) The Minister of Canadian Heritage shall issue guidelines respecting the circumstances under which the conditions in the definition Canadian film or video production certificate in subsection (1) are satisfied. For greater certainty, those guidelines are not statutory instruments as defined in the Statutory Instruments Act . [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1996, c. 21, s. 28; 1997, c. 25, s. 34; 1999, c. 22, s. 46; 2001, c. 17, s. 115; 2014, c. 39, s. 41 2022, c. 10, s. 13