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Statutes of Newfoundland and Labrador 2024


CHAPTER 6

AN ACT TO AMEND THE INCOME TAX ACT, 2000

(Assented to May 29, 2024)

Analysis


        1.   S.40 R&S
Corporation tax

              2. Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2000 cI-1.1
as amended

        1. Section 40 of the Income Tax Act, 2000 is repealed and the following substituted:

Corporation tax

      40. (1) The tax payable by a corporation for a taxation year is 15% of the corporation's taxable income earned in the year in the province.

             (2)  For the purpose of this section and sections 41 and 44, "taxable income earned in the year in the province" means the taxable income earned in the year in the province by a corporation as determined in accordance with federal regulations made for the purpose of the definition "taxable income earned in the year in a province" in subsection 124(4) of the federal Act.

             (3)  Notwithstanding subsection (1), where in a taxation year a corporation is eligible for a deduction under section 125 of the federal Act, the tax payable by that corporation under this Act for a taxation year is equal to the total of

             (a)  2.5% of an amount calculated by allocating to the province, on the same basis as set out in the regulations made for the purpose of the definition "taxable income earned in the year in a province" in subsection 124(4) of the federal Act, a portion of the amount that is the least of the amounts calculated under paragraphs 125(1)(a), (b) and (c) of the federal Act and allowed for the purpose of subsection 125(1) of the federal Act in respect of the corporation for the year; and

             (b)  15% of an amount calculated by deducting from the corporation's taxable income earned in the year in the province the amount allocated to the province under paragraph (a) in respect of the corporation for the year.

             (4)  Notwithstanding subsection (3), if a corporation's taxation year includes January 1, 2024, and where in a taxation year a corporation is eligible for a deduction under section 125 of the federal Act, the tax payable by that corporation under this Act for a taxation year is equal to the total of

             (a)  that proportion of 3% that the number of days in the taxation year that are before January 1, 2024 is of the number of days in the taxation year of an amount calculated by allocating to the province, on the same basis as set out in the regulations made for the purpose of the definition "taxable income earned in the year in a province" in subsection 124(4) of the federal Act, a portion of the amount that is the least of the amounts calculated under paragraphs 125(1)(a), (b) and (c) of the federal Act and allowed for the purpose of subsection 125(1) of the federal Act in respect of the corporation for the year; and

             (b)  that proportion of 2.5% that the number of days in the taxation year that are after December 31, 2023 is of the number of days in the taxation year of an amount calculated by allocating to the province, on the same basis as set out in the regulations made for the purpose of the definition "taxable income earned in the year in a province" in subsection 124(4) of the federal Act, a portion of the amount that is the least of the amounts calculated under paragraphs 125(1)(a), (b) and (c) of the federal Act and allowed for the purpose of subsection 125(1) of the federal Act in respect of the corporation for the year.

Commencement

        2. This Act is considered to have come into force on January 1, 2024.