Principal Issues: Does the definition of an ERI in clause 97(27)(b) of TA - "Network of Centres of Excellence" (NCE) include the "Centres of Excellence for Commercialization and Research" (CECR)?
Position: No
Reasons: Legislation and a previous file
XXXXXXXXXX 2010-037555 George A. Robertson, CMA
April 5, 2011
Dear XXXXXXXXXX :
Re: Clarification of the definition of an Eligible Research Institute (ERI) for purposes of the Ontario Business Research Institute (OBRI) tax credit
This is in reply to your July 19, 2010 letter wherein you requested clarification of the definition of an ERI, as per subsection 97(27) of the Taxation Act (TA). Specifically, you would like to know if "a Network Centres of Excellence" (NCE) under clause (b) of that definition includes the "Centres of Excellence for Commercialization and Research" (CECR).
Our understanding from your submission is that XXXXXXXXXX is exempt from taxation under section 149(1)(l) of the Income Tax Act (Canada). XXXXXXXXXX is recognized by the Networks of Centres of Excellence of Canada Secretariat ("NCE Secretariat") as a CECR.
XXXXXXXXXX is only seeking an opinion on the definition of eligible research institution, as per subsection 97(27) of the TA. An opinion on other criteria of eligibility under section 97 of the TA is not being sought.
Written confirmation of the tax implications inherent in particular transactions may only be provided by this Directorate where the transactions are proposed and are the subject matter of an advance income tax ruling submitted in the manner set out in Information Circular 70-6R5, Advance Income Tax Rulings, dated May 17, 2002. This Information Circular and other Canada Revenue Agency (CRA) publications can be accessed on the Internet at http://www.cra-arc.gc.ca/formspubs/menu-e.html. Where the particular transactions are completed, the inquiry should be addressed to the relevant Tax Services Office (TSO). A list of TSOs is available on the "contact us" page of CRA's website. However, we are prepared to offer the following general comments, which may be of assistance
The definition of an ERI in subsection 97(27) of the TA defines the entities that are an ERI for purposes of the OBRI tax credit. Specifically, clause (b) of that definition identifies NCEs as ERIs. CECRs have not been included. It is our view that CECRs are not ERIs.
We trust that the above comments address your concerns.
Yours truly,
Sharmini Ratnasingham
Assistant Director
Ontario Corporate Tax Division
Income Tax Rulings Directorate
Legislative Policy and Regulatory Affairs Branch