Published | Category : Income tax - businesses
Tax Credit for the Development of E-Business
A number of changes will be made to the tax credit for the development of e-business (hereinafter the "TCEB") and a new non-refundable tax credit will be established.
Elimination of the end date of the TCEB
Tax legislation will be amended to eliminate the end date of the TCEB, which was supposed to be December 31, 2025. Consequently, a qualified corporation will still be able to claim the TCEB in respect of qualified wages it incurs after December 31, 2025, subject to the other conditions that apply.
Exclusion of wages relating to certain government contracts
Tax legislation will be amended to exclude from an employee's qualified wages, for purposes of the TCEB, any portion of the wages attributable to the employee's duties in carrying out work under an agreement entered into by the employer and a government entity.
This amendment will apply to wages that are incurred after September 30, 2015, by a qualified corporation in respect of an eligible employee and that are attributable to the employee's duties in carrying out work under an agreement with a government entity that is entered into, renewed or extended after that date.
Changes made to the concept of e-business related activities and to the criterion of "services supplied"
The Act respecting the sectoral parameters of certain fiscal measures (hereinafter the "sectoral act") will be amended to add the following particulars:
- Activities must be primarily related to e-business to be eligible for the TCEB.
- Activities carried out by a qualified corporation's employees are not to be considered related to e-business where the results of the activities are integrated into property intended for sale or are used to operate such property.
- Where the results of activities carried out by a qualified corporation's employees are integrated into property intended for sale or are used to operate such property, the gross income from such activities is not to be considered for purposes of the criterion relating to "services supplied," which must be met by the corporation to qualify for the TCEB.
With regard to qualified corporations, these amendments will apply to taxation years that begin after March 26, 2015.
Establishment of a non-refundable tax credit for the development of e-business
The overall level of tax assistance for e-business development activities will be restored to 30%, by adding to the current rate of 24% for the TCEB a new non-refundable tax credit whose rate will be 6%.
All the conditions in the sectoral act that apply to the TCEB will apply to the non-refundable tax credit. Also, for a taxation year, the certificates used for purposes of the TCEB will also be used for purposes of the new non-refundable tax credit.
Similarly, all the conditions in tax legislation that apply to the TCEB will apply to the non-refundable tax credit, subject to the rules for determining the amount of the new tax credit, which cannot be greater than $5,000 per employee, calculated on an annual basis.
Furthermore, a qualified corporation will be able to carry back over the three preceding taxation years or carry forward over the following 20 taxation years the portion of the tax credit that did not reduce its income tax payable for the taxation year to which the tax credit relates. However, no carry-over is possible in respect of either a taxation year for which the corporation is not entitled to the TCEB or a taxation year ending before March 27, 2015.
These amendments will apply to wages incurred after March 26, 2015, by a qualified corporation in respect of an eligible employee.
For more information, see pages A.80 to A.84 of the document entitled Additional Information 2015-2016 (PDF – 1.96 MB), published by the Ministère des Finances.