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T-0.1 - Act respecting the Québec sales tax

Section 55
Disposition versions

Full text
55. Where a supply of property or a service is made between persons not dealing with each other at arm’s length for no consideration or for consideration less than the fair market value of the property or service at the time the supply is made, and the recipient of the supply is not a registrant who is acquiring the property or service for consumption, use or supply exclusively in the course of commercial activities of the recipient,
(1)  if no consideration is paid for the supply, the supply is deemed to be made for consideration, paid at that time, of a value equal to the fair market value of the property or service at that time; and
(2)  if consideration is paid for the supply, the value of the consideration is deemed to be equal to the fair market value of the property or service at that time.
This section does not apply in respect of
(1)  a supply of property or a service made by a person where
(a)  an amount is deemed under section 290 to be the total consideration for the supply, or
(b)  in the absence of the first paragraph,
i.  the person, because of section 203 or 206, would not be entitled to claim an input tax refund in respect of the acquisition or bringing into Québec of the property or service by the person,
ii.  section 286 would apply to the supply, or
iii.  the supply would be an exempt supply referred to in Division V.1 or VI of Chapter III; or
(2)  a supply by way of sale, other than by way of gift, of a used road vehicle made between related individuals.
1991, c. 67, s. 55; 1993, c. 19, s. 177; 1994, c. 22, s. 396; 1995, c. 63, s. 329; 1997, c. 85, s. 455; 2002, c. 9, s. 157.
55. Where a supply of property or a service is made between persons not dealing with each other at arm’s length for no consideration or for consideration less than the fair market value of the property or service at the time the supply is made, and the recipient of the supply is not a registrant who is acquiring the property or service for consumption, use or supply exclusively in the course of commercial activities of the recipient,
(1)  if no consideration is paid for the supply, the supply is deemed to be made for consideration, paid at that time, of a value equal to the fair market value of the property or service at that time; and
(2)  if consideration is paid for the supply, the value of the consideration is deemed to be equal to the fair market value of the property or service at that time.
This section does not apply in respect of a supply of property or a service made by a person where
(1)  an amount is deemed under section 290 to be the total consideration for the supply; or
(2)  in the absence of the first paragraph,
(a)  the person, because of section 203 or 206, would not be entitled to claim an input tax refund in respect of the acquisition or bringing into Québec of the property or service by the person,
(b)  section 286 would apply to the supply, or
(c)  the supply would be an exempt supply referred to in Division V.1 or VI of Chapter III.
1991, c. 67, s. 55; 1993, c. 19, s. 177; 1994, c. 22, s. 396; 1995, c. 63, s. 329; 1997, c. 85, s. 455.
55. Where a supply of property or a service is made between persons not dealing with each other at arm’s length for no consideration or for consideration less than the fair market value of the property or service at the time the supply is made, and the recipient of the supply is not a registrant who is acquiring the property or service for consumption, use or supply exclusively in the course of commercial activities of the recipient,
(1)  if no consideration is paid for the supply, the supply is deemed to be made for consideration, paid at that time, of a value equal to the fair market value of the property or service at that time; and
(2)  if consideration is paid for the supply, the value of the consideration is deemed to be equal to the fair market value of the property or service at that time.
This section does not apply where the supply is referred to in sections 148 to 152.
1991, c. 67, s. 55; 1993, c. 19, s. 177; 1994, c. 22, s. 396; 1995, c. 63, s. 329.
55. Where a supply of property or a service is made between persons not dealing with each other at arm’s length for no consideration or for consideration less than the fair market value of the property or service at the time the supply is made, and the recipient of the supply is not a registrant who is acquiring the property or service for consumption, use or supply exclusively in the course of commercial activities of the recipient,
(1)  if no consideration is paid for the supply, the supply is deemed to be made for consideration, paid at that time, of a value equal to the fair market value of the property or service at that time; and
(2)  if consideration is paid for the supply, the value of the consideration is deemed to be equal to the fair market value of the property or service at that time.
This section does not apply where
(1)  the supplier of the property or service, by reason of section 206.1, is not entitled to include, in determining an input tax refund, an amount in respect of the tax payable by him in respect of the property or service or, if the supplier is an organization referred to in section 386 or 386.1, would not be entitled to include such an amount were it a registrant; or
(2)  the supply is referred to in sections 148 to 152.
1991, c. 67, s. 55; 1993, c. 19, s. 177; 1994, c. 22, s. 396.
55. Where a supply of property or a service is made between persons not dealing with each other at arm’s length for no consideration or for consideration less than the fair market value of the property or service at the time the supply is made, and the recipient of the supply is not a registrant who is acquiring the property or service for consumption, use or supply exclusively in the course of commercial activities of the recipient,
(1)  if no consideration is paid for the supply, the supply is deemed to be made for consideration, paid at that time, of a value equal to the fair market value of the property or service at that time; and
(2)  if consideration is paid for the supply, the value of the consideration is deemed to be equal to the fair market value of the property or service at that time.
This section does not apply where the supplier of the property or service, by reason of section 206.1, is not entitled to include, in determining an input tax refund, an amount in respect of the tax payable by him in respect of the property or service or, if the supplier is an organization referred to in section 386, would not be entitled to include such an amount were it a registrant.
1991, c. 67, s. 55; 1993, c. 19, s. 177.
55. Where a supply of property or a service is made between persons not dealing with each other at arm’s length for no consideration or for consideration less than the fair market value of the property or service at the time the supply is made, and the recipient of the supply is not a registrant who is acquiring the property or service for consumption, use or supply exclusively in the course of commercial activities of the recipient,
(1)  if no consideration is paid for the supply, the supply is deemed to be made for consideration, paid at that time, of a value equal to the fair market value of the property or service at that time; and
(2)  if consideration is paid for the supply, the value of the consideration is deemed to be equal to the fair market value of the property or service at that time.
1991, c. 67, s. 55.
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