Income Tax Act — I-3.3 127.48
ed in paragraph (b) of the definition project support equipment in subsection (1), the quantity of electrical or heat energy expected to be distributed by the equipment (or if it is equipment that expands the capacity of existing equipment, the electrical or heat energy expected to be distributed by the existing and new equipment) for use in the project over the first 20 years of the project’s operations is of the total quantity of electrical or heat energy expected to be distributed by the equipment (or the existing and new equipment) in that period (determined without regard to energy consumed by the equipment in the process of distribution), based on the project’s most recent clean hydrogen project plan, (iv) if the equipment is described in paragraph (c) of the definition project support equipment in subsection (1), the mass of water expected to be supplied to the project over the first 20 years of the project’s operations is of the total mass of water expected to be processed by the equipment in that period, based on the project’s most recent clean hydrogen project plan, and (v) if the equipment is described in any of subparagraphs (c)(iv) to (vi) of the definition eligible clean hydrogen property in subsection (1) and supports equipment described in any of subparagraphs (i) to (iv), is determined under that subparagraph; and (g) after applying paragraph (f), if the property is dual-use hydrogen and ammonia equipment, dual-use electricity and heat equipment, project support equipment or equipment described in any of subparagraphs (c)(iv) to (vi) of the definition eligible clean hydrogen property in subsection (1) and that property is used in the production of hydrogen and ammonia, be allocated between two separate capital cost amounts, with each amount determined based on the percentage of the expected use of the equipment that is attributable to hydrogen production and ammonia production, and (i) the capital cost amount that is attributable to hydrogen production is deemed to be in respect of property described in paragraph (a) of the definition specified percentage in subsection (1) and (ii) the capital cost amount that is attributable to ammonia production is deemed to be in respect of property described in paragraph (b) of the definition specified percentage in subsection (1). Repayment of assistance (11) Where a taxpayer has, in a particular taxation year, repaid (or has not received and can no longer reasonably be expected to receive) an amount of government assistance or non-government assistance that was applied to reduce the capital cost of a particular eligible clean hydrogen property under paragraph (10)(c) for a preceding taxation year, the amount repaid (or no longer expected to be received) is to be added to the cost to the taxpayer of a separate eligible clean hydrogen property that is deemed to be acquired in the particular year for the purposes of this section, provided that a transaction or event described in paragraph (21)(c) has not occurred in respect of the particular property. Partnerships (12) Subject to section 127.47, where, in a particular taxation year of a qualifying taxpayer who is a member of a partnership, an amount would be determined under subsection (2) in respect of the partnership, for its taxation year that ends in the particular year, if the partnership were a taxable Canadian corporation and its fiscal period were its taxation year, the portion of that amount that can reasonably be considered to be the taxpayer’s share thereof shall be added in computing the clean hydrogen tax credit of the taxpayer at the end of the particular year. Unpaid amounts (13) For the purposes of this section, where any part of the capital cost of a taxpayer’s particular eligible clean hydrogen property is unpaid on the day that is 180 days after the end of the taxation year in which a deduction in respect of a clean hydrogen tax credit would otherwise be available in respect of the particular property, su