Income Tax Act — I-3.3 127.48
r the final detailed engineering designs are prepared; and (e) the Minister of Natural Resources may request from the taxpayer all documentation and information necessary for the Minister of Natural Resources to fulfill a responsibility under this section and may refuse to confirm the taxpayer’s clean hydrogen project plan or revised clean hydrogen project plan if such documentation or information is not provided by the taxpayer on or before the day that is 180 days after it was requested. Capital cost of clean hydrogen property (10) For the purposes of this section, the capital cost of eligible clean hydrogen property to a taxpayer shall (a) not include any amount (i) in respect of which an amount was previously deducted under this section by any person, (ii) in respect of which any other clean economy tax credit (as defined in subsection 127.47(1)) was deducted by any person, or (iii) that has, by virtue of section 21, been added to the cost of a property; (b) be determined without reference to subsections 13(7.1) and (7.4); (c) be reduced by the total of all amounts, each of which can reasonably be considered to be in respect of the property and is (i) an amount of any government assistance or non-government assistance received by the taxpayer in or before the taxation year in which the property was acquired, or (ii) an amount not described in subparagraph (i) that, in the taxation year, the taxpayer is entitled to or can reasonably be expected to receive and that would be government assistance or non-government assistance if it were received by the taxpayer; (d) be determined with reference to subsections 127(11.6) to (11.8) in respect of an expenditure or cost to a taxpayer except that (i) the reference in subsection 127(11.6) to subsection 127(11.5) is to be read as a reference to section 127.48, (ii) the reference in subsection 127(11.6) to subsection 127(26) is to be read as a reference to subsection 127.48(13), and (iii) the term “qualified expenditure” is to be read as an expenditure eligible to be added to the capital cost of an eligible clean hydrogen property; (e) not include any amount in respect of an expenditure incurred for a preliminary clean hydrogen work activity; (f) if the property is 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), excluding equipment used all or substantially all to support a qualified clean hydrogen project, be equal to the proportion of the capital cost of the equipment that (i) if the equipment is described in paragraph (a) of the definition dual-use electricity and heat equipment in subsection (1), the quantity of energy expected to be produced for use in the project over the first 20 years of the project’s operations is of the total quantity of energy expected to be produced by the equipment in that period (determined without regard to energy produced and consumed by the equipment in the process of producing energy), based on the project’s most recent clean hydrogen project plan, (ii) if the equipment is described in paragraph (b) of the definition dual-use electricity and heat equipment in subsection (1) or paragraph (a) of the definition project support equipment in subsection (1), the quantity of electrical energy expected to be transmitted by the equipment for use in the project over the first 20 years of the project’s operations is of the total quantity of electrical energy expected to be transmitted by the equipment in that period (determined without regard to electrical energy consumed by the equipment in the process of transmission), based on the project’s most recent clean hydrogen project plan, (iii) if the equipment is described 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 exp