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14 March 2024 Canada | Quebec 2024-25 budget includes certain tax credit changes
On 12 March 2024, Quebec Finance Minister Eric Girard tabled the province's fiscal 2024-25 budget. The budget contains several tax measures affecting individuals and corporations. The budget contains no new taxes and no income tax increases. The minister anticipates a deficit of CA$6.3b for fiscal 2023-24 (after contributions to the Generations Fund) and CA$11.0b for fiscal 2024-25, and projects deficits for each of the next four years.
2 Effective for tax years beginning on or after 1 January 2017, a Canadian-controlled private corporation (CCPC) must meet certain qualification criteria concerning the minimum number of hours paid to benefit from the small-business tax rate. The minimum-number-of-hours-paid criterion requires that an eligible corporation's employees work at least 5,500 hours annually, and the amount of the deduction is reduced linearly when the hours are between 5,500 and 5,000 hours. A maximum of 40 hours per week per employee is considered. Special conversion rules apply to take into consideration hours worked (but not necessarily paid in the form of wages) by actively engaged shareholders who hold, directly or indirectly, shares of the corporation that carry more than 50% of the voting rights. 3 The federal corporate income tax rates for manufacturers of qualifying zero-emission technology are reduced to 7.5% for eligible income otherwise subject to the 15% federal general corporate income tax rate or 4.5% for eligible income otherwise subject to the 9% federal small-business corporate income tax rate. These reductions are not reflected in the combined federal and Quebec rates above. 4 An additional 1.5% federal tax applies to the taxable income of banks and life insurers (subject to a CA$100m exemption to be shared by group members). The budget proposes to increase the limit from 50% of production costs to 65% of production costs incurred and directly attributable to film production. This change will apply to a Quebec film production for which an application for an advance ruling, or an application for a certificate (if no advance ruling was previously filed in respect of the production), is filed with the Societe de developpement des entreprises culturelles (SODEC) after 12 March 2024. The budget proposes to increase the rate of the basic tax credit by 5 percentage points for a total rate of 25% for a tax year. In addition, only 65% of the portion of the cost of a contract with a service provider for computer-aided special effects and animation will be considered in calculating the basic tax credit and the increase for special effects. These changes will apply in respect of a qualified production for which an application for an approval certificate will be submitted to the SODEC:
The budget proposes to introduce an exclusion threshold per eligible employee in calculating the TCEB, so that the TCEB is calculated on an amount corresponding to the excess of qualified wages over the applicable exclusion threshold. The amount of excluded wages relating to qualified wages incurred and paid by a qualified corporation, for a tax year, will be equal to the lesser of:
In addition, the government proposes to remove the CA$83,333 limit currently applicable to the qualified wages of an eligible employee. The budget also proposes to increase the nonrefundable tax credit rate by one percentage point per year so that it eventually reaches 10%, and correspondingly reduce the refundable tax credit so that it eventually reaches 20%. The proposed tax credit rates are summarized in Table B.
The changes relating to the introduction of an exclusion threshold and the removal of the limit will apply, for both the refundable and nonrefundable tax credits, in respect of a tax year beginning after 31 December 2024. Changes to the tax credit rates will take effect on 1 January of each calendar year concerned. A qualified corporation whose tax year does not correspond to the calendar year must, in calculating its tax credits for a tax year, take into account the rates in effect for the calendar year in which its tax year begins. The budget proposes to introduce an exclusion threshold per eligible employee in the calculation of these tax credits, so that they are calculated on an amount corresponding to the excess of the qualified labor expenditure in respect of an eligible employee over the applicable exclusion threshold. The amount of excluded salary or wages relating to salary or wages that a corporation has incurred and paid, or that a subcontractor with which it does not deal at arm's length has incurred and paid, for a tax year, will be equal to the lesser of the following amounts:
In addition, the government proposes to remove the CA$100,000 limit currently applicable to the qualified labor expenditure with respect to an eligible employee. The budget also introduces a nonrefundable tax credit with an initial rate of 2.5% in 2025 and that will subsequently increase by 2.5 percentage points per year to eventually reach 10%, and correspondingly reduces the refundable tax credits currently in place. The proposed tax credit rates are summarized in Table C.
The amendment relating to the introduction of an exclusion threshold, the removal of the limit, and the introduction of a nonrefundable tax credit will apply, in respect of a tax year that will begin after 31 December 2024. Changes to the tax credit rates will take effect on 1 January of each calendar year concerned. A qualified corporation with tax years that do not correspond to the calendar year must, in the calculation of its tax credits for a tax year, take into account the rates in effect for the calendar year in which its tax year begins. The portion of the nonrefundable tax credit that does not reduce the tax payable of a qualified corporation for the tax year to which the tax credit applies may be carried back three tax years or carried forward 20 tax years. However, this carryover will not be allowed for a tax year for which the corporation is not entitled to the tax credit, nor for a tax year that begins before 1 January 2025. Currently, the amount of the refundable tax credit for the production of biofuel in Quebec and the refundable tax credit for the production of pyrolysis oil in Quebec from which a qualified corporation may benefit must be reduced by the amount of any government assistance, non-government assistance, benefit or advantage attributable to the eligible production of biofuel and pyrolysis oil. The credits will be retroactively amended to postpone the application of this reduction for the value of compliance credits granted to a corporation under the federal Clean Fuel Regulations, where this value is considered government assistance (i.e., when certain conditions are met). Accordingly, for the purposes of these tax credits, the expression "government assistance" will include this value, but only as of a corporation's tax year that begins after 31 December 2027. The budget proposes to eliminate the tax credit for experienced workers in respect of an amount paid by a corporation or partnership, as the case may be, as employer contributions attributable to a date after 12 March 2024. Specifically, any amount paid by a qualified corporation or a qualified partnership, as the case may be, as employer contributions will only be considered an eligible contribution for purposes of this credit if it relates to the portion of salary, wages or other remuneration paid, allocated, granted, awarded or attributed by the corporation or partnership in the calendar year to an employee, and that is attributable to a date on or before 12 March 2024.
For taxable income exceeding CA$126,000, the 2024 combined federal — Quebec personal income tax rates are outlined in Table E.
2 The federal basic personal amount comprises two elements: the base amount (CA$14,156 for 2024) and an additional amount (CA$1,549 for 2024). The additional amount is reduced for individuals with net income exceeding CA$173,205 and is fully eliminated for individuals with net income in excess of CA$246,752. Consequently, the additional amount is clawed back on net income exceeding CA$173,205 until the additional tax credit of CA$194 is eliminated; this results in additional federal income tax (e.g., 0.26% on ordinary income) on net income between CA$173,206 and CA$246,752. Supplements for children with disabilities under refundable tax credit granting allowance to families The budget proposes amendments to the family allowance that will impact the following supplements for children with disabilities.
This change will apply in respect of (i) all applications filed with Retraite Quebec to obtain or reassess the SHCREC after 30 June 2024 and (ii) any application for such supplement filed before 1 July 2024 and for which Retraite Quebec has not rendered a decision before that date.
The budget proposes a reduction of the maximum rebates for the purchase of an electric vehicle. The rebates will be as follows starting on 1 January 2025:
Rebates for the purchase of an electric vehicle will be reduced gradually and will stop being offered on vehicles registered on or after 1 January 2027. The rebates for home charging stations remain. The proposed rebates are summarized in Table F. Table F — Revision of terms and conditions for the rebates on the purchase of electric vehicles and charging stations
As part of the administration and collection of support payments by Revenu Quebec, the government will be introducing a new deterrent measure allowing for the suspension of the driver's licence of highly uncooperative payors who seek to avoid making the support payments they are legally bound to make.
In addition, persons not under an agreement with Revenu Quebec who sell tobacco products in respect of which the specific tax has been, or should have been, collected in advance, will have to take inventory of all these products they have in stock:
Increase in the number of years covered by the Guide d'Evaluation Hebdo (Automobiles et Camions Legers) published by Societe Trader Corporation To limit tax avoidance with respect to transactions relating to used road vehicles, the Quebec sales tax (QST) system includes rules for determining the market value of such vehicles for the purposes of calculating the QST payable on their sale. The Guide d'Evaluation Hebdo (Automobiles et Camions Legers) published by Societe Trader Corporation is the reference volume used to determine the market value of used motor vehicles. The average wholesale prices listed in this volume only cover a nine-year period. The number of years covered by the average wholesale price listed in the Guide d'Evaluation Hebdo will be increased from 9 to 14, starting on 1 January 2025. The QST system — which provides an anti-avoidance rule for determining the market value of used road vehicles for the purposes of calculating the tax payable regarding the selling or bringing into Quebec of these vehicles — will be amended so that the rule relating to determining the estimated value that is part of the anti-avoidance rule does not apply to a used road vehicle brought into Quebec following its transfer, outside Quebec, between related individuals. This change will apply in respect of such used road vehicles brought into Quebec after 12 March 2024. To promote innovation in robotization in Quebec businesses, the Budget 2024–2025 proposes to launch a consultation with municipalities in this regard to modernize certain provisions of the Act Respecting Municipal Taxation. For up-to-date information on the federal, provincial and territorial budgets, visit ey.com/ca/Budget.
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