Income Tax Act — I-3.3 127.43
ction (2) or (3) is deemed to have been paid in any taxation year. ( dépense totale par emplacement ) total ventilation expense , of an eligible entity for a taxation year, means the lesser of (a) the total of all amounts, each of which is a total per location expense for a qualifying location of the eligible entity for the taxation year; and (b) the amount determined by the formula $50,000 × X − Y where X is (i) 100%, unless the eligible entity is affiliated at any time in the qualifying period with one or more other eligible entities that are deemed to have paid an amount under subsection (2) in respect of the qualifying period, or, in the case of a partnership, has a member that is deemed to have paid an amount under subsection (3) in respect of the partnership, (ii) a percentage assigned to the eligible entity under an agreement, if (A) the agreement is entered into by the eligible entity and each eligible entity that (I) is affiliated with the eligible entity in the qualifying period, and (II) is deemed to have paid an amount under subsection (2) in respect of the qualifying period, or, in the case of a partnership, has a member that is deemed to have paid an amount under subsection (3) in respect of the partnership, (B) the agreement is filed in prescribed form and manner with the Minister by the eligible entity and each eligible entity referred to in clause (A), (C) the agreement assigns, for the purposes of this definition, a percentage in respect of each eligible entity referred to in clause (A), and (D) the total of all the percentages assigned under the agreement does not exceed 100%, and (iii) in any other case, nil, and Y is the total of all amounts, each of which is the total ventilation expense of the eligible entity for a prior taxation year in respect of which an amount is deemed to have been paid under subsection (2) or (3). ( dépense totale de ventilation ) Refundable tax credit (2) An eligible entity (other than a partnership) that files a prescribed form containing prescribed information with its return of income for a taxation year that ends after 2021 is deemed to have, on its balance-due day for the year, paid on account of its tax payable under this Part for the year an amount equal to 25% of its total ventilation expense for the taxation year. Refundable tax credit — partnership (3) If an eligible entity (other than a partnership) is a member of a partnership at the end of a fiscal period of the partnership that ends after 2021 and that ends in a taxation year of the eligible entity — and the partnership files an information return in prescribed form containing prescribed information for that fiscal period and the eligible entity files a prescribed form containing prescribed information with its return of income for the taxation year — then the eligible entity is deemed to have paid, on the eligible entity’s balance-due day for the taxation year on account of the eligible entity’s tax payable under this Part for the taxation year, an amount determined by the formula 0.25 × A × B where A is the total ventilation expense of the partnership for the fiscal period; and B is the specified proportion of the eligible entity for the fiscal period of the partnership. Partnerships (4) For the purposes of this section, (a) the fiscal period of a partnership is deemed to be its taxation year; and (b) if an eligible entity is a member of a particular partnership that is a member of another partnership, the eligible entity is deemed (i) to be a member of the other partnership, and (ii) to have a specified proportion in the other partnership for a fiscal period of the other partnership equal to its specified proportion of the particular partnership — for the last fiscal period of the particular partnership that ends in the fiscal period of the other partnership — multiplied by the particular partnership’s specified proportion of the other partnership for the fiscal period of the other partnership. When assistance rec