In the Economic Statement and Budget Update of October 18, 2000, the federal government announced a temporary, 15% investment tax credit for investors in flow-through shares of mineral exploration companies.
This Mineral Exploration Tax Credit (METC) is a measure designed to assist junior mining companies in raising new equity through the issuance of flow-through shares. This additional financing should help exploration companies to maintain, or increase, their level of exploration activities in Canada. The METC applies to eligible exploration expenses incurred after October 17, 2000, and before January 1, 2004. The program has since been extended several times. Budget 2008 extended the expiry date to March 31, 2009.
The program applies only to preliminary mineral exploration activities conducted from or above ground. It does not apply to oil and gas, coal, bituminous sands or oil shale; expenses incurred to explore underground, or for the purpose of bringing a mine into production, are also excluded.
The information included below is based on Finance Canada publications, and is intended as a general guide only. In cases of doubt the wording of the Finance Canada publications takes precedence.
A tax credit of 15% of eligible expenses can be applied against a taxpayer's federal income tax otherwise payable for the taxation year during which the investment is made. The METC is a non-refundable tax credit that can be carried back three years and carried forward twenty years. A taxpayer claiming the METC will also be allowed to claim the normal 100% Canadian Exploration Expense (CEE) deduction, which applies for both federal and provincial/territorial income tax purposes. Use of the METC will reduce the taxpayer's Cumulative Canadian Exploration Expense account. Taxpayers residing in provinces/territories that provide additional exploration incentives are allowed to claim them in combination with the METC, but the use of any tax credit offered by provinces/territories will reduce the amount of expenses eligible for the METC and the amount of deductible CEE.
Individuals (other than a trust) who are deemed to incur eligible exploration expenses, either individually or through a partnership, pursuant to a flow-through share agreement with a "principal-business corporation," are eligible for the credit. Principal-business corporations, for these purposes, are corporations whose principal business is exploration, mining and mineral processing.
Eligible expenses for the purposes of the METC are specifically defined as "flow-through mining expenditures" (FTME). Technically, FTME are restricted to the portion of a Canadian Exploration Expense that is described in paragraph (f) of its definition, in subsection 66.1(6) of the federal Income Tax Act (ITA), and that meet additional criteria referred to in subparagraph 16(d) of the Notice of Ways and Means Motion in the October 2000 Economic Statement and Budget Update, and in the December 21, 2000, Finance Canada news release.
In general terms, FTME must be incurred:
The rules related to eligible exploration expenses for flow-through shares have not been changed. All Canadian Exploration Expenses (CEE) that are described in paragraphs (f) and (g) of subsection 66.1(6) of the ITA, which include underground and "pre-production development expenses," can still be renounced to flow-through share investors. However, only the portion of the expenses that meets the requirements of the FTME is eligible for the METC.
The rules that specify the time periods during which CEE related to flow-through shares must be incurred apply to the METC.
The METC is only available for expenses related to exploration carried out from or above the surface of the earth. However, a corporation, in the course of its exploration program, may also incur expenses that qualify only for the Canadian Exploration Expense deduction. Therefore, the onus will be on the corporation to correctly identify and renounce the different categories of exploration expenses for federal income tax purposes. The corporation should keep proper records documenting the expenses that are eligible to be renounced and that qualify for the METC.
Because the federal investment incentive is delivered in the form of a tax credit, its value is the same for all individual investors, irrespective of their marginal federal income tax rates. However, a large portion of federal flow-through share incentives is still delivered in the form of an income tax deduction (as a Canadian Exploration Expense), the value of which varies with a taxpayer's marginal tax rate. Due to the variability of provincial/territorial incentives for flow-through shares, the after-tax situation of a taxpayer will also depend on his/her province or territory of residence.
The figure below illustrates the average after-tax cost of a flow-through share investment for individual taxpayers facing the average top marginal tax rate under specific assumptions. The underlying calculations are for illustrative purposes only and may not reflect the particular circumstances of any specific taxpayer.
The METC program benefits are contingent on the particular conditions of the flow-through share agreement. Due to the complex nature of the income tax rules applying to flow-through shares, qualified professional advice should be sought to help structure such agreements.
Natural Resources Canada
Minerals and Metals Sector
580 Booth Street, Ottawa, ON K1A 0E4
E-mail: credit@nrcan.gc.ca
Frequently Asked Questions on the METC Program (FAQ)
Flow-Through Share Investment Tax Credit
The Department of Finance has received submissions from the public relating to the category of expenses eligible for the 15 percent flow-through share investment tax credit announced in the October 2000 Economic Statement and Budget Update.
In response to submissions received, the Government intends to broaden the category of expenses falling within the definition of "flow-through mining expenditure" in the following two ways:
For this purpose, it is proposed that "specified sampling" be the collecting and testing of samples in respect of a mineral resource to the extent that
The Government intends to include these changes in the Bill that is to be introduced in the House of Commons in early 2001.
You can access all forms prescribed by the Canada Revenue Agency (CRA) by pressing this link to CRA page on the flow-through share program.
The Prospectors and Developers Association of Canada (PDAC) site contains information about specific topics: