Small Business Investor Tax Credit Program
Disclaimer: This Internet site is intended to provide information respecting application
under the Province of New Brunswick Small Business Investor Tax Credit Act and
should not be regarded as a replacement of the laws, regulations or
administrative documents to which it refers. Where there is a conflict between the information contained in this Internet site and the legislation, the legislation shall prevail.
| Related Legislation | |
| Small Business Investor Tax Credit Act | Security Frauds Prevention Act |
Program Description ( Back to top )
The New Brunswick Small Business Investor Tax Credit provides a 30 per cent non-refundable personal income tax credit of up to $15,000 per year (for investments of up to $50,000 per investor) to eligible investors who invest in eligible small businesses in the province.
In the event that an investor cannot use the entire Small Business Investor Tax Credit amount in a given year, the tax credit can be carried forward seven years or back three years, but may not be carried back to any year preceding the 2003 taxation year.
Program Objective ( Back to top )
- Provide an important source of capital by increasing access to equity financing for New Brunswick small businesses.
- Encourage investment by New Brunswick residents in New Brunswick small businesses.
Program Process ( Back to top )
The program has a two-stage process: application for a Certificate of Registration, followed by application for a Tax Credit Certificate.
Certificate of Registration ( Back to top )
Corporations that want to take advantage of the program and are approved to sell shares in New Brunswick will file an application with the New Brunswick Department of Finance on a form provided by the provincial Minister of Finance.
One of the requirements will be the submission of an investment plan that outlines the proposed use of the capital. The application will be approved if the Minister of Finance is satisfied that specific conditions are met, including:
- the corporation meets Corporation Eligibility Criteria outlined below
- the proposed investment plan complies with the spirit and intent of the Small Business Investor Tax Credit Act and the Regulations, and
- the proposed use of the capital to be raised, as set out in the investment plan, would benefit the operations of the corporation located in New Brunswick.
The Department of Finance will issue a Certificate of Registration to a business approved to take part in the program. The certificate will permit the business to issue eligible shares up to a specified value on or before a specified date.
Under the program, approved businesses have 90 days, from their approval date, to finalize the sale of the shares to the investors included in the investment plan.
Disclaimer: The Province of New Brunswick does not guarantee the value of any shares issued by a corporation registered under the Small Business Investor Tax Credit Act and does not express any opinions as to the financial condition of such corporations or the merits of investing in the shares of such corporations.
Tax Credit Certificate ( Back to top )
Within 30 days of when eligible shares are sold, the business must provide proof of sale, along with required information on each investor, to the New Brunswick Department of Finance on a form provided by the provincial Minister of Finance. The Minister of Finance will issue a Tax Credit Certificate to eligible investors on approved purchases of shares.
Individual investors will attach these certificates to their personal income tax returns to obtain the reduction in provincial income tax payable.
An investment may be made within the first 60 days of a calendar year and may be claimed as a tax credit in the prior taxation year.
The tax credit is 30 per cent of the investment up to the maximum annual tax credit per investor of $15,000.
The credit is not refundable but may be carried forward for seven years or carried back three years, but no deduction shall be made for a taxation year preceding the 2003 taxation year.
Eligible Business Sectors ( Back to top )
All business sectors in New Brunswick will be eligible to participate.
Corporation Eligibility Criteria ( Back to top )
To register in the Small Business Investor Tax Credit program, the corporation must meet the following criteria:
- the corporation must be a private company as defined in the Security Frauds Prevention Act
- the corporation is incorporated or registered to carry on business in New Brunswick
- the corporation must have authorized capital consisting of shares without par value
- the corporation must have net tangible assets less than $25 million (including associated corporations)
- all, or substantially all, of the corporation’s assets and income must be used to generate active business income in New Brunswick
- the corporation must pay, in each of the four years after the date of registration, at least 75 per cent of its wages and salaries to individuals who are residents of New Brunswick
- the corporation is not lending money, providing a loan guarantee or any other financial assistance to a person for the purchase of shares included in a specified issue under the Small Business Investor Tax Credit Program
- that the issued shares will not be purchased by investors who have disposed of shares of the corporation after Dec. 10, 2002, and before the proposed share issuance
- the shares to be issued are newly issued, fully paid, voting common shares and will not include a replacement share.
Corporation Application Requirements ( Back to top )
As outlined in the Small Business Investor Tax Credit Act, a corporation that wants to register under the Small Business Investor Tax Credit program will be required to provide:
- an investment plan
- the income tax return from the previous taxation year
- a copy of the most recent financial statements of the corporation
- a copy of the corporate share registry certified by an officer of the company
- a copy of the instrument of incorporation certified by an officer of the company
- a statement signed by each investor certifying that he or she understands the holding requirements for the shares and has read the investment plan.
- a certificate signed by the directors of the corporation to certify that the information contained in the application is complete and accurate
Investment Plan ( Back to top )
As outlined in the Small Business Investor Tax Credit Act, the investment plan must include the following information:
- amount of capital to be raised under the plan (minimum amount of capital to be raised is $10,000)
- proposed use of capital raised
- full name of each eligible investor, who must be least 19 years of age, including the investor’s social insurance number and residential address (minimum number of investors required is three)
- number of shares subscribed for and the amount to be paid by each eligible investor (minimum amount to be invested by each investor is $1,000)
- number of shares of the corporation held at any time by each eligible investor
- summary of the corporation’s major business activities and revenue sources indicating the percentage of company assets used in each activity
- provision that, immediately after registration, or within such period of time as permitted by the Minister of Finance, the corporation will raise capital by issuing eligible shares, and
- total of wages and salaries paid, in the previous taxation year, indicating the portion paid to New Brunswick residents.
Investor Eligibility ( Back to top )
The total investment by an investor shall be not less than $1,000.
To receive a Small Business Investor Tax Credit, a person must be 19 years of age or older.
Shares may be purchased, held or disposed of by a qualifying trust for an investor.
An investor is required to hold the investment for a minimum of four years.
An investor may not use financial assistance from any government, municipality or public authority in the acquisition of these shares.
The maximum annual investment for which a tax credit certificate will be issued to an investor under this program is $50,000.
Investment Eligibility ( Back to top )
The corporation will raise capital of not less than $10,000.
The minimum number of investors is three.
An investment may be made within the first 60 days of a calendar year and may be claimed as a tax credit in the prior taxation year.
A replacement share is not eligible. A replacement share is a share purchased by an investor who disposed of any other share of the corporation at any time after Dec. 10, 2002, and before the date of the investment.
Eligible investments do not include shares that, in the opinion of the Minister of Finance, were or will be issued with the main purpose to claim the tax credit.
Prohibited Use of Capital Raised ( Back to top )
Funds raised, by the proposed share offering, will not be used for any of the following purposes:
- lending
- purchasing the shares of any other person
- investment outside the Province of New Brunswick
- investment in land, except land that is secondary to the active business in which the corporation is primarily engaged
- purchasing all or part of any services or assets at a price greater than their fair market value
- purchasing services or assets from the Province, or a provincial agency or corporation, to be used in the same or similar business activity, and the corporation has received financial assistance from any government, municipality or public authority to purchase those services or assets
- redemption or purchase of previously issued shares of the corporation or an associated corporation
- retirement of any part of a liability of a shareholder of the corporation or an associated corporation
- payment of dividends
- funding the purchase of any assets of an existing corporation, proprietorship, partnership, joint venture, trust or company, except where that entity is in receivership or in bankruptcy and an eligible investor or group of investors did not, at any time, own more than 10 per cent of the voting shares of the entity.
Share Certificates ( Back to top )
Shares will only be issued by the corporation on being fully paid.
Shares purchased from the corporation will be registered in the name of the shareholder who purchases them or in the name of a trustee, if the shares are purchased by a qualifying trust.
The corporation will issue an investment confirmation to each eligible investor within 30 days of the investment.
The corporation shall put the following endorsement on the share certificates: “The right to redeem or transfer this class of shares is subject to the provisions of the Small Business Investor Tax Credit Act.”
Holding Requirements of Shares ( Back to top )
The investor must hold the shares for four years after the purchase or the tax credit will have to be repaid.
An investor who, before the expiry of the four-year holding period, redeems, cancels or disposes of an eligible share or receives a tax credit that he/she was not entitled to, shall repay the amount of the tax credit received, including interest. No recovery of the tax credit will be required in the event of the death of the shareholder.
The corporation shall not redeem an eligible share unless the redemption occurs after four years from the date of issue or due to a transfer involving an RRSP of which the shareholder is the annuitant or because of the death of the shareholder.
If the corporation redeems, acquires, cancels or transfers eligible shares within the four-year holding period, it is required to withhold, from the amount otherwise payable to the shareholder, the amount of the tax credit received. The withheld amount must be paid to the Minister of Finance within 30 days. No recovery of the tax credit will be required in the event of the death of the shareholder.
If, before the expiry of the four-year holding period, a corporation's registration is revoked or surrendered, or if the corporation winds up or dissolves, the corporation will immediately pay, to the Minister of Finance, all monies equal to all of the allowed tax credits issued within the preceding four years.
As required by the Minister of Finance, during the four-year holding period for specified share issuances, the corporation shall file an annual return, a detailed status report of its shareholdings, financial statements and other information required to confirm the use or disposition of the raised capital and to ensure compliance with other Small Business Investor Tax Credit Program requirements.
During the four-year holding period for the specified share issuances, the investors will provide the eligible corporation and the Department of Finance and Department of Justice and Attorney General any information, as may be required, to ensure compliance with the Small Business Investor Tax Credit Program and the Security Frauds Prevention Act.
Contact Information ( Back to top )
Telephone: (506) 453-2404
Fax: (506) 444-5086
Internet: http://www.gnb.ca Keyword: Finance
E-mail: wwwfin@gnb.ca
Mailing Address:
Small Business Investor Tax Credit Program
Department of Finance
670 King St.,
P.O. Box 3000,
Fredericton, NB E3B 5G5
Frequently Asked Questions ( Back to top )
- What is the New Brunswick Small Business Investor Tax Credit?
- What is a non-refundable tax credit?
- What happens if I cannot use all of my Small Business Investor Tax Credit allowed in a given year?
- When must the investment be made in order for the tax credit to be used in a given taxation year?
- Who is an eligible investor?
- Is a minimum number of investors required?
- Is a minimum amount of investment required?
- Will my investment be eligible for the RRSP deduction?
- As an investor, how do I participate in the Small Business Investor Tax Credit program?
- How do I find out which businesses or corporations are registered under the Small Business Investor Tax Credit program?
- How do I find out if a corporation is registered under the Small Business Investor Tax Credit program?
- Does the provincial government guarantee any portion of my investment?
- Which business sectors are eligible to participate in the Small Business Investor Tax Credit program?
- How does a small business register under the Small Business Investor Tax Credit program?
- What types of shares are eligible under the Small Business Investor Tax Credit program?
- What is a replacement share?
- has disposed, at any time after December 10, 2002, of a share of any class of shares of a corporation that is registered under the Small Business Investor Tax Credit program, and
- purchases a share in the corporation under the Small Business Investor Tax Credit program
- What criteria are required to register a corporation under this program?
- Be a private company as defined in the Security Frauds Prevention Act
- Be incorporated or registered to carry on business in New Brunswick
- Have authorized capital consisting of shares without par value
- Have net tangible assets of $25 million or less (including associated corporations)
- Have all, or substantially all, of the corporation’s assets and income being used to generate active business income
- Pay, in each of the four years after the date of registration, at least 75 per cent of its wages and salaries to individuals who are residents of New Brunswick.
-
What is active business income?
The Small Business Investor Tax Credit Program will follow the Canada Revenue Agency rules on active business income. For further information call 1-800-959-5525 or visit http://www.ccra-adrc.gc.ca.
- What type of information will be required from a corporation, which applies for registration under the Small Business Investor Tax Credit program?
- Completed application form
- Investment plan
- Copy of the income tax return from the previous taxation year
- Copy of the most recent financial statements of the corporation, which have been reviewed by a person who is a licensed or registered member of an accounting association regulated by the Province
- Copy of the instrument of incorporation certified by an officer of the company
- Copy of the corporate share registry certified by an officer of the company
- Certificate signed by the directors of the corporation to certify that the information contained in the application is complete and accurate
- Statement signed by the investor to certify that he or she understands the holding requirements for the shares and has read the investment plan.
-
What kind of information should be included in
the investment plan?
- Name of the corporation
- Amount of capital to be raised under the plan (minimum amount of capital to be raised is $10,000)
- Proposed use of capital raised
- Full names of the directors and officers of the corporation and their residential addresses
- full name of each eligible investor, who is at least 19 years of age, including the investor’s social insurance number and residential address (minimum number of investors required is three)
- Number of shares subscribed for and the amount to be paid by each eligible investor (minimum amount to be invested by each investor is $1,000)
- Number of shares of the corporation held at any time by each eligible investor.
-
Why do corporations have to provide personal
details on the investors at the time of application for a Certificate of
Registration into the program? At time of application corporations may
not know who their investors are.
In order to be eligible under the program, corporations must be private companies. As such, they are not allowed to publicly solicit investors. It is anticipated that companies would bring in individuals that they know and trust. Because we anticipate that many small businesses will be interested in the program, in order for government to be administratively more effective and responsive, companies must identify in their investment plan that they, indeed, have serious potential individuals interested in investing in their business.
- What are the holding requirements of the shares?
The investor must hold the shares for four years after the purchase or the tax credit will have to be repaid with interest.
- Are there any restrictions on the use of the capital?
The capital raised can be used for anything except:
- lending
- acquisition or purchase of the shares of another person
- investment outside New Brunswick
- investment in land, except land that is incidental and ancillary to the active business in which the corporation is primarily engaged
- funding all or part of the purchase of any service or asset at a price that is greater than the fair market value
- purchasing services or assets from the Province or an agency or corporation of the Province to be used in a similar business activity and the corporation has received financial assistance from any level of government in order to purchase these services or assets
- redemption or purchase of previously issued shares of the corporation or associated corporation
- retirement of any shareholder liability of the corporation or associated corporation
- payment of dividends
- purchase of an existing business.
-
Would I have to pay back my tax credit if a
business closes or declares bankruptcy before the four-year holding
period is up?
Yes.
-
Is there any circumstance when I would not have
to repay the tax credit before the four-year holding period is up?
This would only occur upon the death of the shareholder.
-
Where can I get application forms and
additional information about the Small Business Investor Tax Credit
program, including the act and regulations governing it?
Telephone: (506) 453-2404
Fax: (506) 444-5086
Internet: http://www.gnb.ca Keyword: Finance
E-mail: wwwfin@gnb.ca
Mailing Address:
Small Business Investor Tax Credit Program
Department of Finance
670 King St.,
P.O. Box 3000,
Fredericton, NB E3B 5G5
The New Brunswick Small Business Investor Tax Credit is a 30 per cent non-refundable personal income tax credit of up to $15,000 per year (for investments of up to $50,000 per investor) to eligible investors who invest in eligible small businesses in the province. The New Brunswick Small Business Investor Tax Credit Program started August 1st, 2003.
A non-refundable tax credit reduces the amount of provincial income tax otherwise payable by a taxpayer up to the amount of provincial income taxes owing.
The tax credit can be carried forward seven years or back three years, but may not be carried back to any year preceding the 2003 taxation year.
A tax credit is normally applied against the same taxation year as when the investment is made. However, when an investment is made within 60 days of the end of the calendar year, the tax credit can be claimed in the previous taxation year.
An individual who is at least 19 years of age.
The minimum number of investors required is three.
Each investor must invest a minimum of $1,000. Each investment plan must raise a minimum of $10,000 in capital (among all investors).
The Small Business Investor Tax Credit Program will follow the Canada Revenue Agency rules on eligibility for RRSP deductions.
For inquiries on the eligibility of your investment, contact Canada Revenue Agency at:
Individual Inquiries: 1-800-959-8281 or visit http://www.ccra-adrc.gc.ca.
You must buy shares in a small business registered under the Small Business Investor Tax Credit program.
The Government of New Brunswick cannot disclose which businesses/corporations are registered under the Small Business Investor Tax Credit program.
The Government of New Brunswick issues a Certificate of Registration to all corporations registered under the Small Business Investor Tax Credit program. In order for a potential investor to determine if a corporation is registered, the potential investor must ask the corporation to see the official Certificate of Registration.
No. The Province of New Brunswick does not guarantee the value of any shares issued by an eligible corporation, nor does it express an opinion as to the financial condition of the eligible corporation. Investors invest entirely at their own risk. Prior to investing, you may want to seek business advice from your accountant, lawyer, or business advisor.
All business sectors are eligible to participate. None is excluded.
The business must submit an application to the Minister of Finance to obtain approval to make a specified issue of shares under the Small Business Investor Tax Credit program.
An eligible share is a newly issued, voting common share, but does not include a replacement share. Eligible investments do not include shares that, in the opinion of the Minister of Finance, were or will be issued with the main purpose to claim the tax credit under the Small Business Investor Tax Credit program.
If an investor:
then the newly purchased share is considered to be a “replacement share” and the investment is not eligible for the tax credit.
To register in the Small Business Investor Tax Credit program, a corporation must: