104.16 (1) Except as otherwise provided in this Part, a corporation that is a qualifying corporation for a sales year and that complies with the requirements of this Part is entitled to a refund under this Part in respect of and not exceeding the amount of its small beer manufacturers’ tax credit determined for the sales year under this Part.  2010, c. 1, Sched. 29, s. 24. Exceptions (2) A qualifying corporation’s tax credit under this Part for a sales year is nil if, (a) the sales year ends before July 1, 2010; (b) the amount of the qualifying corporation’s beer sold in eligible sales exceeds, (i) for a sales year that begins before March 1, 2018, 15 million litres, or (ii) for a sales year that begins on or after March 1, 2018, 20 million litres; (c) the amount of beer made by the qualifying corporation in the sales year exceeds, (i) for a sales year that begins before March 1, 2018, 15 million litres, or (ii) for a sales year that begins on or after March 1, 2018, 30 million litres; (d) the corporation is, at any time in the sales year, a member of a partnership that makes beer; or (e) the corporation failed to submit its application for the refund under subsection 104.17 (1) within the time limit set out in that subsection or failed to comply with subsection 104.17 (2) or (8).  2010, c. 1, Sched. 29, s. 24; 2018, c. 8, Sched. 32, s. 5 (1). Amount of tax credit (3) The amount of a small beer manufacturers’ tax credit for a sales year ending before March 1, 2018 is determined as follows: 1. If not more than 5 million litres of the qualifying corporation’s beer is sold in eligible sales in the sales year, the corporation’s tax credit for the year is the amount calculated using the formula, (A × B) + (C × D) in which, “A” is the number of litres of eligible beer that is non-draft beer sold in eligible sales in the sales year, “B” is $0.4999 per litre, “C” is the number of litres of eligible beer that is draft beer sold in eligible sales in the sales year, and “D” is $0.3649 per litre. 2. If more than 5 million litres but not more than 7.5 million litres of the qualifying corporation’s beer is sold in eligible sales in the sales year, the corporation’s tax credit for the year is the amount calculated using the formula, ((A × B)/E + (C × D)/E) × 5 million in which, “A” has the same meaning as in paragraph 1, “B” has the same meaning as in paragraph 1, “C” has the same meaning as in paragraph 1, “D” has the same meaning as in paragraph 1, and “E” is the total number of litres of eligible beer sold in eligible sales in the sales year. 3. If more than 7.5 million litres but not more than 15 million litres of the qualifying corporation’s beer is sold in eligible sales in the sales year, the corporation’s tax credit for the year is the amount calculated using the formula, ((A × B)/E + (C × D)/E) × 5 million × (1 – ((E – 7.5 million)/7.5 million) in which, “A” has the same meaning as in paragraph 1, “B” has the same meaning as in paragraph 1, “C” has the same meaning as in paragraph 1, “D” has the same meaning as in paragraph 1, and “E” has the same meaning as in paragraph 2. 4. Despite paragraphs 1, 2 and 3, the corporation’s tax credit for a sales year is the amount determined in accordance with rules prescribed by the Minister of Finance if the sales year begins on July 1, 2010 or on a date prescribed by the Minister of Finance. 2010, c. 1, Sched. 29, s. 24; 2018, c. 8, Sched. 32, s. 5 (2). Same, sales years beginning on or after March 1, 2018 (3.1) The amount of a small beer manufacturers’ tax credit for a sales year beginning on or after March 1, 2018 is determined using the formula, [(A × B) ∕ F + (C × D) ∕ F] × G × H × J in which, “A” is the number of litres of eligible beer that is non-draft beer sold in eligible sales in the sales year, “B” is $0.4999 per litre, “C” is the number of litres of eligible beer that is draft beer sold in eligible sales in the sales year, “D” is $0.3649 per litre, “F” is, (a) if not more than 4.9 million litres of the qualifying corporation’s beer is sold in eligible sales in the sales year, 1, or (b) if more than 4.9 million litres but not more than 20 million litres of the qualifying corporation’s beer is sold in eligible sales in the sales year, the total number of litres of eligible beer sold in eligible sales in the sales year, “G” is, (a) if not more than 4.9 million litres of the qualifying corporation’s beer is sold in eligible sales in the sales year, 1, or (b) if more than 4.9 million litres but not more than 20 million litres of the qualifying corporation’s beer is sold in eligible sales in the sales year, 4.9 million, “H” is, (a) if not more than 13 million litres of the qualifying corporation’s beer is sold in eligible sales in the sales year, 1, or (b) if more than 13 million litres but not more than 20 million litres of the qualifying corporation’s beer is sold in eligible sales in the sales year, 0.7556, “J” is, (a) if not more than 7.5 million litres of the qualifying corporation’s beer is sold in eligible sales in the sales year, 1, (b) if more than 7.5 million litres but not more than 13 million litres of the qualifying corporation’s beer is sold in eligible sales in the sales year, the amount calculated using the formula, 1 − ((F − 7.5 million) ∕ 22.5 million), or (c) if more than 13 million litres but not more than 20 million litres of the qualifying corporation’s beer is sold in eligible sales in the sales year, the amount calculated using the formula, 1 − ((F − 13 million) ∕ 7 million). 2018, c. 8, Sched. 32, s. 5 (3). Modifications to determination of credit (4) Despite subsections (1), (3) and (3.1), the application of the rules for determining a corporation’s small beer manufacturers’ tax credit in certain prescribed circumstances may be modified in accordance with the regulations.  2011, c. 9, Sched. 40, s. 13; 2018, c. 8, Sched. 32, s. 5 (4). Corporations deemed to be related (5) If the Minister of Revenue reasonably believes that one of the reasons for the separate existence of two or more corporations at any time in a sales year is to entitle a corporation to a tax credit under this Part or to increase the tax credit for a sales year of any of the corporations, the corporations are deemed to be related to one another in the sales year for the purposes of determining the amount of the tax credit that any of them may claim.  2011, c. 9, Sched. 40, s. 13. Section Amendments with date in force (d/m/y) 2010, c. 1, Sched. 29, s. 24 - 01/07/2010 2011, c. 9, Sched. 40, s. 13 - 12/05/2011 2018, c. 8, Sched. 32, s. 5 (1-4) - 08/05/2018